Where under-performance involves a disability, how far do you have to go to try to get the person up to 'normal' performance?
Posted in : First Tuesday Q&A ROI on 2 December 2014
Zelda Cunningham
Arthur Cox
The Employment Equality Acts 1998 to 2011 (the “Acts”) contain a number of relevant protections for employees who suffer from a disability, however, the employer is not required to continue to employ an individual who is not capable of performing the duties.
Under the Acts, employers are obliged to take “appropriate measures” to enable employees with a disability to participate or advance in employment.
Appropriate measures should be something that enables the employee to reach the required performance standard. “Appropriate measures" are measures that are effective, practical, and necessary to adapt the employer’s place of business in light of the employee's disability. Such measures may
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Back to Q&A's This article is correct at 02/09/2015
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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
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