Harry Phelan v Tusla- Child & Family Agency [2025]
Decision Number: ADJ-00053066 Legal Body: Workplace Relations Commission
Published on: 15/04/2025
Issues Covered:
Article Authors The main content of this article was provided by the following authors.
Patrick Barrett BL Barrister-at-Law
Patrick Barrett BL Barrister-at-Law
Patrick barrett case reviews

The Bar of Ireland

Orchard Way, Killarney V93Y9W9.
DX: 51010 Killarney 
Tel: (087) 4361270

Patrick's legal education is robust, beginning with a BCL Law Degree from University College Cork (2012-2016), followed by an LL.M in Business Law from the same institution (2016-2017), and culminating in a Barrister-at-Law Degree from The Honorable Society of King’s Inns in Dublin (2019-2021). He has extensive experience on the South-West Circuit, handling Civil, Family, and Criminal Law cases, as well as advising the Citizen Advice Service.  He has worked as an employment consultant, dealing with workplace investigations and bankruptcy procedures.

Summary

Complainant failed to prove disability discrimination; future arrangement recommended by WRC.

Background

The Complainant submitted that he suffered from long-standing mental health issues and remained under the care of St Patrick’s Mental Health Services. As part of his treatment, he attended a 22-week day programme on Tuesday mornings. Historically, his previous Line Manager had facilitated his attendance by allowing him to make up time lost by working additional hours, without needing to take annual or unpaid leave. However, under a new Interim Line Manager, the Complainant’s request for similar flexibility was denied. Instead, he was informed he could only use limited flexi-time, with the remainder requiring annual or unpaid leave. The Complainant asserted that there was no operational or

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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 15/04/2025
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