What is the current state of law in relation to disability absences being taken into account by an employer for disciplinary action?Posted in : First Tuesday Q&A NI on 6 August 2013
Disciplinary action against an employee for absences that are a consequence of a disability could constitute discrimination arising from disability under the Disability Discrimination Act 1995.
If persistent or long-term absence affects the employee’s ability to carry out the job, you should address this as a capability issue, not a disciplinary issue.
The absence management procedure should allow for the consideration of any reasonable adjustments that you could make to enable the employee to return to work or to avoid further absences. The modification of the absence management procedure
Already a subscriber?
Click here to login and access the full article.Log in now to read the full article
Don't miss out, start your free trial today!
Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.
Help understand the ramifications of each important case from NI, GB and Europe
24/7 access to all the content in the Legal Island Vault for research case law and HR issues
Ensure your organisation’s policies and procedures are fully compliant with NI law
Receive free preliminary advice on workplace issues from Maxine Orr, Partner at Worthingtons Solicitors
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.