Sick Employees Returning to Work

Posted in : How Do I Handle It ROI on 27 February 2012
John Jermyn
Ronan Daly Jermyn LLP
Issues covered:

Two months ago one of our employees, who was in line for a promotion, had a mental breakdown and had to be hospitalised. Recently they have been certified fit to return to work and are due to start next week. The Company is worried that if they are given the promotion they will be unable to cope with the increased workload/responsibility. Would this concern justify refusing them the promotion.

John Jermyn writes:

Refusing the promotion may leave the Company open to a claim under the Employment Equality Acts 1998 (as amended) (“the Acts”). The Acts prohibit discrimination under any of nine grounds including disability. Disability is defined by the Acts as including:

“a condition, illness or

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This article is correct at 06/08/2015

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John Jermyn
Ronan Daly Jermyn LLP

The main content of this article was provided by John Jermyn. Contact telephone number is 21 2332850 or email

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