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
Arthur Cox
Arthur Cox
Issues covered:

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 when dealing with disability-related absence, to avoid the procedure resulting in disciplinary action,

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Back to Q&A's This article is correct at 02/09/2015

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Arthur Cox
Arthur Cox

The main content of this article was provided by Arthur Cox. Contact telephone number is +44 28 9026 2673 or email rosemary.lundy@arthurcox.com

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