We have a number of staff on long term unpaid sick leave, in some cases in excess of 2 years. What approach should be adopted in relation to ceasing their employment? And what are the pitfalls in doing this?

Posted in : First Tuesday Q&A ROI on 6 January 2015
Elaine Mettler
Arthur Cox

When ceasing an employee’s employment on grounds of incapability or incapacity, the employer may face exposure under:

  • (i) the Unfair Dismissals Acts 1977 and 2007, on the basis that the dismissal itself was unfair,
  • (ii) under the Employment Equality Acts 1998 to 2011, on the basis that the dismissal was discriminatory on grounds of disability, or;
  • (iii) potentially under civil law, for example, wrongful dismissal.

Under the Unfair Dismissals Acts 1977 to 2007, an employer may dismiss an employee on the grounds of incapability if the employee is incapable of performing the work which they

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.

Elaine Mettler
Arthur Cox

The main content of this article was provided by Elaine Mettler. Contact telephone number is +353 1 618 0000 or email elaine.mettler@arthurcox.com

View all articles by Elaine Mettler