Where underperformance involves a disability, how far do you have to go to try to get the person up to 'normal' performance?

Posted in : First Tuesday Q&A NI on 4 November 2014
Arthur Cox
Arthur Cox
Issues covered:

Where underperformance is caused or exacerbated by a disability, employers need to be mindful of the possibility of both an unfair dismissal and/or disability discrimination claim.

To help reduce the risk of a disability discrimination claim, the employer should consider what reasonable adjustments it might need to make to support the employee instead of assessing what “normal” performance is.

Reasonable adjustments cover a wide range of measures, including giving or arranging for training or mentoring; providing supervision or other support; or acquiring or modifying the equipment the employee is using.

The employer may also need to consider adjusting the capability procedure itself. For

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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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