Employment4 min read28 April 2026

I Was Made Redundant After Developing a Disability — Was That Discrimination?

Based on: Archibald v Fife Council [2004] UKHL 32 · View judgment

The Scenario

An employee who developed a physical disability following a workplace accident was subsequently placed in a redundancy pool and selected when they could no longer perform their original role. The employer made no attempt to redeploy them to a suitable alternative role.

The Conversation

This is how Case Buddy would handle this scenario — the same experience you get on the platform.

You

I worked as a warehouse operative for six years. About a year ago, I had an accident at work and was diagnosed with a condition that means I can no longer do heavy lifting. I have been off work and on sick leave, but I am now able to work in a light duties or office role. When I said I wanted to come back, my employer put me in a redundancy pool and selected me for redundancy. They say my original role no longer exists because I cannot do the lifting. They never offered me any alternative roles even though I know there are admin positions available. Is this legal?

Case Buddy

What you have described raises serious concerns about both unfair dismissal and disability discrimination. Before I explain the legal position fully, I want to make sure I understand the situation correctly. Has your employer confirmed that you have a disability for the purposes of the Equality Act 2010 — that is, a physical or mental impairment that has a substantial and long-term adverse effect on your ability to do normal day-to-day activities? And did your employer ever discuss the possibility of redeployment to an alternative role, or did they simply proceed straight to the redundancy process?

You

My employer has acknowledged that my condition is likely covered by the Equality Act — they referred to it in writing as a "disability" in one of their letters. And no, they never discussed redeployment at all. I raised it myself but they said there were no suitable roles, which I believe is not true.

Case Buddy

Here is the legal position: **Disability discrimination — the duty to make reasonable adjustments:** Under Section 20 of the Equality Act 2010, where a provision, criterion, or practice (PCP) puts a disabled person at a substantial disadvantage compared to non-disabled people, the employer is required to take such steps as are reasonable to avoid the disadvantage. This is the duty to make reasonable adjustments. In a redundancy situation, the PCP of selecting people who cannot perform their current role puts you, as a disabled person, at a substantial disadvantage compared to non-disabled colleagues. The employer’s duty to make reasonable adjustments can include redeploying the disabled employee to a suitable alternative vacancy — even if that role would normally be filled by competitive interview. **The leading case:** In *Archibald v Fife Council [2004] UKHL 32*, the House of Lords held that the reasonable adjustments duty is more than just making physical adjustments to the workplace — it can require positive steps to assist a disabled person to retain employment, including redeploying them to a different role without requiring them to compete for it. The duty is proactive, not reactive. **Your specific position:** - Your employer acknowledged your disability in writing - They failed to consider or offer redeployment to alternative roles (including admin roles you say are available) - Selecting you for redundancy without first exploring redeployment is likely to be: 1. **Failure to make reasonable adjustments** (s.20 Equality Act 2010) 2. **Discrimination arising from disability** (s.15 Equality Act 2010) — treating you unfavourably because of something arising in consequence of your disability 3. Potentially **unfair dismissal** for failing to follow a fair redundancy process **Time limit:** Discrimination claims must be brought within **3 months less one day** from the last act complained of, after ACAS Early Conciliation. Act promptly. *This is legal information, not legal advice. For advice specific to your circumstances, consult a qualified solicitor.*

The Correct Legal Position

•Under s.20 Equality Act 2010, employers have a duty to make reasonable adjustments for disabled employees, which can include redeployment to a suitable alternative role.
•In Archibald v Fife Council [2004] UKHL 32, the House of Lords held the duty to make reasonable adjustments can require positive steps including redeployment without competitive interview.
•Selecting a disabled employee for redundancy without exploring redeployment options may constitute failure to make reasonable adjustments and discrimination arising from disability (s.15 Equality Act 2010).
•Disability discrimination claims are subject to a 3-month time limit from the last act of discrimination.

What the Court Decided

The House of Lords in Archibald v Fife Council held that the duty to make reasonable adjustments is positive in character and can require an employer to transfer a disabled employee to a vacant post without requiring them to compete for it. Failure to consider redeployment before selecting a disabled employee for redundancy is likely to be both a failure to make reasonable adjustments and discrimination arising from disability.

Important: This case study is for educational purposes only. Case Buddy provides legal information, not legal advice. Every situation is different — for advice specific to your circumstances, consult a qualified solicitor. Free advice is available from Shelter (housing), ACAS (employment), and StepChange (debt).

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