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?

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,