What is the current position in relation to disability absences being taken into account by an employer for disciplinary action?

Posted in : First Tuesday Q&A NI on 2 May 2017
Chris Fullerton
Arthur Cox

Disciplinary action against an employee for absences that are a consequence of a disability could constitute discrimination arising from disability under the Disability Discrimination Act 1995. If persistent or long-term absence affects the employee’s ability to carry out the job, you should address this as a capability issue, not a disciplinary issue.

The absence management procedure should allow for the consideration of any reasonable adjustments that you could make to enable the employee to return to work or to avoid further absences. The modification of the absence management procedure

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Back to Q&A's This article is correct at 02/05/2017
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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.

Chris Fullerton
Arthur Cox

The main content of this article was provided by Chris Fullerton. Contact telephone number is 028 9023 0007 or email Chris.Fullerton@arthurcox.com

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