About 2 months after this happened Company V decided that it needed to make redundancies. It had a redundancy procedure that seemed robust and wholly fair and acceptable. After a full process was carried out John was made redundant and subsequently brought a claim for unfair dismissal and disability discrimination. He said Company V should have made adjustments to the redundancy procedure.
The company relied on the Doctor’s and Consultant’s reports to say that no adjustments were necessary. However the Employment Tribunal disagreed and said that just because adjustments were not needed for one aspect of a role that did not mean the Company V could rely on that medical view for another reason.
Although the employee was only on a relatively low salary, because he was unlikely to ever be able to find a job again and had a pension with employer’s contributions, the failure to consider whether reasonable adjustments were needed for the redundancy situation cost the company in excess of £130,000 as a result of the Employment Tribunal’s award of compensation for John.