If an employee claims he has a disability which he claims requires reasonable adjustment to be made (change of line manager and reduction in duties), but that adjustment can only be accommodated by moving another employee out of their job (i.e. swapping two employees), are we obliged to try to make such a move? It seems to us that the second employee would have a potential claim for constructive dismissal or similar if they were unhappy that the job they had been doing was effectively being given to another person.Posted in : First Tuesday Q&A ROI on 2 November 2010
Section 16(3)(a) of the Employment Equality Acts 1998 and 2004 requires an employer to take appropriate measures, where needed in a particular case, to enable a person who has a disability to participate in employment, unless such measures impose a disproportionate burden on the employer. Appropriate measures include the adaptation of premises and equipment, patterns of working time, distribution of tasks, or the provision of training or integrating resources. They are not required where the measures would impose a disproportionate burden on the employer, considering the financial and other costs entailed, the scale of financial resources of the employer’s business and the possibility of
Already a subscriber?
Click here to login and access the full article.Log in now to read the full article
Don't miss out, start your free trial today!
Are you fully aware of the benefits of Legal-Island's Irish Employment Law Hub? We help thousands of people like you understand how the latest changes in Irish employment law impact your business through a mix of case law analysis and in-depth articles. All delivered right to your inbox.
We help you to understand the ramifications of each important case from Ireland and Europe.
We help you ensure that your organisation's policies and procedures are fully compliant with Irish law.
You will receive regular updates on Irish employment law including case law reviews, legislative changes, topical updates as well as answers to your burning questions through our Q&A feature.
You will have 24/7 access to the Employment Law Hub so you can research case law and HR issues when you need to.
More on Discrimination & Equality
- Coronavirus and Discrimination: The balance between protecting employees and avoiding unlawful discrimination claims
- Altering An Employee's Role While On Maternity Leave Found To Be Discriminatory
- A Complainant v A Respondent 
- Defending A Claim For Discrimination In Relation To Access To Employment
- Equality Implications of Coronavirus – How Do I Handle It?
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.