I have an employee out on sick leave with depression for many months. If I dismiss them can they take a case under disability legislation?

Posted in : First Tuesday Q&A ROI on 4 May 2011
A&L Goodbody
A&L Goodbody

The protection afforded to employees with a disability, as set out in the Employment Equality Acts, 1998 – 2008 (“EEA”), must be borne in mind. The concept of disability is defined very broadly and would include depression.

Prior to terminating an employee’s employment in these circumstances, an employer should obtain medical advice to determine whether or not the particular illness will persist and also the prospect of the employee being able to attend work on a more regular basis (if at all) in the future. Any advice received and which is being considered in deciding on the employee’s

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Back to Q&A's This article is correct at 02/09/2015
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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.

A&L Goodbody
A&L Goodbody

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