Friday, 16 June 2017

Capability and the re-deployment argument

 The Claimant in this case was dismissed on the grounds of capability.She lost her claim of unfair dismissal after the ET found that the Respondent had a genuine belief that the Claimant's capability fell below a standard that they considered acceptable and she had not been dismissed for raising an issue of overwork.The Claimant appealed on the grounds that an employer should consider redeployment prior to making a decision to dismiss on capability grounds.

The EAT dismissed the appeal.The Employment Judge did not err in law in the way he approached the question whether the Respondent ought to have found redeployment for the Claimant after her dismissal on capability grounds.

Awojobi v London Borough of Lewisham UKEAT/0243/16/LA

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