Irish Rail v Michael Flanagan [2017]

Posted In: Case Law
  • Case Reference
  • Legal Body
    Labour Court (LC)
  • Type of Claim / Jurisdiction
    Discrimination and Equality
Issues covered: Discrimination; Disability; Reasonable Accommodation; Direct Discrimination; Comparator

The complainant, Mr. Flanagan, worked for Irish rail from 2004 until he fell ill in January 2015.  In the engagements that followed the complainant disclosed that he had been suffering from epilepsy since 1997 and it was being managed by his GP.  The respondent’s medical advisors concluded that the complainant could not be cleared for safety critical work including the role for which he had been employed. The respondent had a policy of seeking to accommodate staff who develop a disability. This was applied but because of his unsuitability for safety critical work, or using power tools alone, no other role was identified for him and he retired on ill health.

In the WRC the

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This article is correct at 08/08/2017

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Bernadette Treanor
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