Background:
The Complainant was employed by the Respondent as a Customer Service Agent and had been for a period of five years prior to her complaint. She began to suffer from anxiety in 2021 and 2022 and had a high level of absence from work, with one particularly extended period from late November 2021 until 25 January 2022. The Complainant asked the Respondent for a shorter working week and alternative working hours to assist her in a transition back to work.
The Respondent, in its defence, stated that the Complainant had received a verbal warning on three prior occasions for absences for unrelated reasons. The Respondent also said the distress the Complainant was experiencing was in part due to the Complainant’s choice to pursue academic studies in parallel with her employment. The Respondent supported the Complainant financially in pursuing her educational attainment, but due to the nature of its business, said it could not facilitate shorter working hours for this purpose. The Respondent said it must require the Complainant to work her full-time hours and that the decision to pursue education alongside her full-time employment was the sole decision of the Complainant.
Outcome:
The Adjudication Officer, having had regard to the nature of “reasonable accommodation”, found that the Respondent had not reasonably considered the Complainant’s request for shorter working hours, despite the Respondent’s own doctor considering such a request “reasonable.” The Adjudication Officer assessed damages for the discrimination at the “lower range” and, based on a gross monthly salary of €3,027, awarded the Complainant four months, totalling €12,100.
Practical Guidance for Employers:
Employers need to show evidence of having considered any requests made by an employee in the context of reasonable accommodation for a disability, and if such a request is not reasonable, to document and provide reasons at the time as to why that decision was made.
The full case is here: https://www.workplacerelations.ie/en/cases/2024/january/adj-00041008.html
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