With the Census 2006 revealing that over 9% of the people in Ireland are disabled, employers need to ensure that they take all the necessary steps to accommodate for workers’ disabilities. A recent decision at the WRC found an employer had failed in their obligation to provide reasonable accommodation to an employee who was suffering from epilepsy. The employer was ordered to return the employee to their payroll for six months and to pay the employee €15,000 in compensation for the “effects of the act of discrimination”. During this six month period, the parties were directed to “engage in direct and meaningful discussion” to find a reasonable and definitive resolution of the matter. The decision found that an employer has a greater responsibility to diligently consider potential alternatives to reasonably accommodate an employee with disability. Changes in legislation With the recent recognition of the situation of the disabled people in Ireland and all over Europe, several changes have been made in the legislation to reflect the considerations towards them. Section 16 of the Employment Equality Acts 1998 – 2015 requires an employer to “do what is reasonable to accommodate the needs of a person who has a disability by providing special treatment or facilities”. Interestingly, an employer is not obliged to retain any employee who is not “fully competent and available to undertake” the duties attached to that particular position. But the question remains: to what lengths must an employer go to, to fully comply with the objective of reasonable accommodation according to the Equality legislation of the country. Our tips While it’s not possible to cover every type of situation in a short article, we’ve put together a few helpful tips to offer some guidance for employers on how to ‘reasonably accommodate’ disabled employees in the workplace:
- Potential efforts should be shown to accommodate employees in alternate roles available in the business. It’s important to note that such efforts will be recognised in relation to the size and nature of the business.
- A duty of care should be exercised in a direct and collaborative manner to accommodate the employee. No employer should make any assumptions in regard to an employee’s medical condition.
- Occupational health measures should be explored on a periodic basis. Lack of clarity would be detrimental in alleviating difficulties of the employee in question.
Providing reasonable accommodation for disabled workers is essential, so if you need any help, please contact our expert employment law advisors via our 24 Hour Advice Service on 01 855 5050.
