We have an employee that suffers from age-related macular degeneration. Their performance at work has suffered since their diagnosis and it has now reached the point where they are not doing their job properly. Can we dismiss them?Posted in : First Tuesday Q&A NI on 3 April 2017
This is a highly litigious issue and so specific legal advice should be obtained before taking any further steps in respect of the employee in question.
By way of general guidance, however, it should be noted that, as well as showing that capability was the reason for dismissal, employers will also need to follow a fair procedure. This typically involves:
- Ascertaining the medical position: this will involve seeking up-to-date information about the nature of the illness and the likely length of absence or prognosis. If the medical evidence is ambiguous, the employer should seek clarification.
- Consulting with the employee: the employee should be afforded the right to state his / her case,
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Back to Q&A's This article is correct at 03/04/2017
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.