Jennifer Cashman has more than 20 years’ specialist experience advising a wide range of employers across a number of sectors. Recognised as a Leading Individual in Irish Employment Law in the 2023 edition of The Legal 500 Europe and is also recommended as a Leading Lawyer (Band 1) in Chambers Europe. Recognised thought-leader on various employment law and HR issues, in particular retirement ages and age discrimination. Clients praise Jennifer for her “practical, business-focused advice” and say “she gives "straight answers to straight questions… clearly very experienced and her delivery is fantastic - always clear and to the point."
In this months ‘How Do I Handle It?’ article, Jennifer Cashman, Partner and Practice Group Leader of Ronan Daly Jermyn’s Employment Group, addresses a query around employee incapacity.
Our organisation has just become aware that one of our employees has a medical condition which we believe makes them unsuitable to work in our particular working environment. Our view is that we should terminate this employee's contract. How do we handle it?
The first consideration for employers who face this type of situation is the potential for a disability discrimination claim, under the Employment Equality Acts 1998-2015, by an employee whose employment is terminated due to incapacity. Whilst section 16(1) of the Employment Equality Acts provides that an employer is
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