(a) What is the current state of law in relation to disability absences being taken into account by an employer for disciplinary action? (b) How do we deal with performance issues where the employee has recognised disabilities or disability? Should we incorporate SOSR into our existing procedures?

The above two questions have similar responses and both are dealt with below.

While the Employment Equality Acts 1998 to 2012 (the “EEAs”) provide considerable protection for employees with disabilities, the EEAs do not prevent an employer from dismissing an employee on grounds of incapacity, where an employer’s reasonable accommodations to the employee’s working conditions have not improved the employee’s performance. Further, an employee is not immune from fair disciplinary sanctions solely because of his/her disability.

Where an employee is claiming disability as an excuse for poor performance it is essential that, prior to disciplinary action or dismissal, the Company obtains an