Taking disciplinary action against disabled employees for absencePosted in : How do I handle it NI on 14 September 2016
We have an employee whose sickness absence is poor and we are considering disciplinary action under our Attendance Policy. The employee is disabled. What can we do?
In considering disciplinary action against a disabled employee, you should be aware that you may face allegations of discrimination in that you have treated this employee less favourably because of their disability. There might also be a suggestion that your treatment amounts to indirect discrimination, disability related discrimination or your failure to make reasonable adjustments.
In relation to allegations of direct discrimination, the individual could suggest that you have treated them less
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This article is correct at 14/09/2016
The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.