Background:

The Complainant is a child care worker and an employee of the Respondent, a childcare provider. The Complainant alleged she had a cerebral palsy condition since childhood and that while it has been managed successfully, she experienced some medical difficulties from 2016 which affected her mobility at work with small children. She was advised by an occupational health provider to work with older children at this time. In July 2021, however, she alleged her duties were changed in a way which did not facilitate her needs and was also not permitted to use a walking stick when required.

The Respondent stated they were unaware of any cerebral palsy issue with the Complainant before December 2021, at which point the Director of Services of the Respondent was advised of this by the Complainant with a request to use a walking stick. The Respondent said it was required to undertake a risk assessment for the use of a walking stick in the Complainant’s workplace, but prior to this being concluded the Complainant went on sick leave, which she remained on to the date of the hearing. The Respondent therefore vehemently denied any allegation of discrimination or victimisation arising.

Outcome:

The Adjudication Officer found that “not enough solid facts were presented” to establish a sound case of discrimination. The standard of a “prima facie” case of discrimination had not been met by the Complainant, and therefore the complaint was found to be not well-founded.

Practical Guidance for Employers:

It is acceptable to consider a request for a reasonable accommodation in the context of a health and safety review before agreeing to it, particularly in a workplace where services to vulnerable people (such as children) are provided.

The full case is here:
https://www.workplacerelations.ie/en/cases/2023/september/adj-00039088.html