Donaldson v Marks & Spencer (Ireland) Limited [2013]
Decision Number: Legal Body: Workplace Relations Commission
Published on: 29/05/2013
Issues Covered:
Article Authors The main content of this article was provided by the following authors.
Bernadette Treanor Founder
Bernadette Treanor Founder
Bernadette treanor

Bernadette Treanor is the founder of Beo Solutions, an employee relations and engagement consultancy which provides best practice expert leadership and impartial organisational support in the areas of employee relations, employee engagement, workplace investigations, disciplinary hearings and mediation. 

An expert in equality law, Bernadette provides Equality reviews and assessments, including assessments of cases being prepared. She is a Committee member of the Employment Law Association of Ireland (ELAI) and CIPD member. She reviews equality Decisions issued by the Equality Tribunal for Legal Island monthly and chairs its annual Equality Conference aimed at equality practitioners.

Background

The complainant suffered from Benign Intracranial Hypertension which was accepted as a disability for the purposes of the Employment Equality Acts.  The complainant informed her supervisor of her condition about 6 months after her employment began.  Subsequently she was beset by complications requiring further surgery and time off work.

When she had been absent for 10 months her employer contacted her and a meeting was arranged for May 17 2010.  In the meantime the complainant developed a new gynaecological condition requiring surgery that was scheduled to take place on 1 June 2010.  The meeting took place and during that meeting the complainant discussed her pre-existing condition and her more recent condition.  The respondent wrote to the

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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. This article is correct at 29/05/2013
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