An Employee v An Employer Posted In: Case Law
Legal BodyEquality Tribunal (EQT)
Type of Claim / JurisdictionDismissal, Discrimination and Equality
In An Employee –v-v An Employer (DEC-E2011-111) an Equality Officer set out general guidance for all employers faced with potentially disabled employees who might be dismissed:
* the onus is on the employer to take certain steps
* The employer must ensure that s/he has fully established the factual position of impairment and the likely duration of this condition on the employee;
* The employer must establish what, if any, special treatment and/or features that maybe available to allow the employee to become fully capable, this will then be further considered with regard to nominal costs, and,
* The employer must keep the employee fully aware of proceedings and allow for their participation at
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