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
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
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 the employment team at Worthingtons Solicitors
Back to Q&A's This article is correct at 02/09/2015
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.