Redeployment in the NHS

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2015 Health Care Service Group Conference
5 December 2014

Conferences recognises that dismissal or early retirement due to capability as a result of disability, is something that affects members across all service sectors, but it is noted that many members are able to remain in employment due to the obligation on employers to redeploy staff into suitable roles. However, most employers within the NHS and private sector will only allow redeployment into a role at the same pay grade or lower, and consider redeployment into a higher graded position to be a promotion and not in the scope of a reasonable adjustment. The 2004 House of Lords ruling Archibald vs. Fife Council states that this is not the case and suggests that employers have a responsibility to seek reasonable re-deployment opportunities at any grade within their organisation providing the person being redeployed can undertake the work with a reasonable amount of training.

Conference recognises that all members suffering disabilities are being denied re-deployment opportunities at higher bands which would keep them in full or part time employment. Conference also recognises that those in pay bands 1-3 are the worst affected with nearly all roles requiring intense physical effort and therefore unsuitable as a redeployment opportunity for someone with a physical disability. This means that members in those pay bands have no opportunity to be re-deployed and face losing their livelihoods or fighting against ATOS to obtain ill health retirement.

Conference believes that many of our members are being, and have been forced out of work due to employers refusing to re-deploy them to a higher graded position. Therefore Conference asks the Health Service Group Executive to:

1) conduct research to ascertain the scale of the effect on our members with a view to launching a campaign. Research should include current members and those already retired;

2) produce advice to Branches on negotiating the required change to re-deployment policies.