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
Emma-Jane Flannery
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

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.

Emma-Jane Flannery
Arthur Cox

The main content of this article was provided by Emma-Jane Flannery. Contact telephone number is 028 9023 0007 or email Emma-Jane.Flannery@arthurcox.com

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