How to handle sickness-related capability issues

Posted in : How Do I Handle It ROI on 10 October 2016
Jennifer O'Sullivan
Ronan Daly Jermyn
Issues covered:

How do I handle it - an employee on sick leave is due to attend for occupational health assessment and I expect that they may not be fit for all of their duties.  What are the key issues to watch out for from a legal perspective?

The Employment Equality Acts prohibit discrimination on nine protected grounds, one of which is disability.  An employer must not subject an employee to less favourable treatment on grounds of a disability.  The legislation also provides that an employer is not obliged to recruit, train, retain or promote an employee who is not fully competent to undertake the duties required of their role.  This provision is subject to a very important

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This article is correct at 10/10/2016

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.

Jennifer O'Sullivan
Ronan Daly Jermyn

The main content of this article was provided by Jennifer O'Sullivan. Contact telephone number is +353 21 480 2700  or email

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