Is dismissal in order if an employee’s medical condition/disability means that they are incapable of performing their job?

Posted in : First Tuesday Q&A ROI on 1 May 2012
Barry Walsh
McDowell Purcell
Issues covered:

An employer should always proceed with a high level of caution in employee disability cases. Such matters are regulated by the Employment Equality Acts 1998 to 2011 ("the EE Acts"). It is true that an employer is not obliged to indefinitely continue to employ a person who is not fit for work. However, it is not a simple issue and there are a number of factors that will first have to be established by the employer.

The first thing that must be established is that the person is indeed incapable of performing their job. To establish this, the employer will have to obtain expert medical opinion to that effect. It cannot just form its own view. That expert medical opinion must also comment on

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

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Barry Walsh
McDowell Purcell

The main content of this article was provided by Barry Walsh. Contact telephone number is +353 1 828 0600 or email

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