A member of staff was being brought through informal performance capability but didn’t engage fully in the process. He began to show threatening, intimidating and abusive behaviour towards the manager. At this stage he was pending diagnosis of Asperger’s syndrome (this diagnosis has since been confirmed).

Where do we stand in relation to formal disciplinary?

His senior manager is under the view of gross misconduct with the likelihood of a formal warning or dismissal. HR is aware of the duty of care to the employee and would be worried about tribunal action if he were dismissed.

Posted in : First Tuesday Q&A ROI on 1 April 2014
Zelda Cunningham
Arthur Cox

The Employment Equality Acts 1998 – 2011 (the “Acts”) confer substantial protection on employees with disabilities. The definition of “disability” in the Acts is broadly interpreted, and would encompass a person with Asperger’s Syndrome. On this basis, the Company should be cognisant that the employee may seek to assert that he is being discriminated against on grounds of his disability should he be subject to any disciplinary procedure or action to his detriment.

However, employees with disabilities are not protected from dismissal if they are not willing or fully capable of performing the

Already a subscriber?

Click here to login and access 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.

Already a subscriber, now or Start my free trial today

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

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.

Zelda Cunningham
Arthur Cox

The main content of this article was provided by Zelda Cunningham. Contact telephone number is +353 1 618 0000 or email zelda.cunningham@arthurcox.com

View all articles by Zelda Cunningham