Taking disciplinary action against disabled employees for absence

Posted in : How do I handle it NI on 14 September 2016
Patricia Rooney
Issues covered:

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.

Patricia Rooney

The main content of this article was provided by Patricia Rooney. Contact telephone number is 028 9055 3300 or email Patricia.Rooney@tughans.com

View all articles by Patricia Rooney