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.
Background:
The Complainant testified that he informed the Respondent about his seizures during his interview, after which he was hired and worked until his dismissal on 27 September 2023, a month after he started. He provided seizure-related information to the Respondent and informed his colleagues about his condition. After suffering a seizure in the workplace canteen, the Complainant returned to work and was dismissed by Ms. Murphy, who, accompanied by another individual, told him he was a good worker but was being let go due to his seizures. During cross-examination, the Complainant admitted discussing his condition with the Health and Safety Officer but was unclear about the seizure or dismissal dates. He disputed the claim that the HR Officer made no reference to his seizures during his termination.
The Respondent stated that the Complainant signed a contract on 29 August 2023, and his seizures were noted on the starter form. On 27 September 2023, they informed him he failed probation due to performance issues after consulting with Supervisors. Despite no lateness issues, she stated the Complainant struggled with his assigned tasks, working on the simplest machine. Seizures were not necessarily seen as a disability.
They described a conversation with the Complainant’s brother as "fairly heated" and acknowledged receiving missed calls from the Complainant's parents after the termination. Normally, a dismissal letter would follow, but the Respondent felt it would escalate tensions. Under cross-examination, the Respondent explained that the Complainant's performance was assessed daily, but his targets were not explicitly discussed with him. No minutes were taken during the termination meeting, and they acknowledged that no follow-up occurred regarding accommodations for his seizures after a doctor’s appointment was scheduled but not attended. The Respondent argued the burden of proof was not met.
Finding:
The Adjudicating Officer found the Complainant had filed a claim under the Employment Equality Acts, alleging discrimination on the grounds of disability and failure to provide reasonable accommodation. The Respondent acknowledged the Complainant’s disability. The Complainant argued that his dismissal was linked to his seizures, which occurred during his short employment. However, there were no probationary reviews, and no performance-related issues were discussed prior to his dismissal.
The Respondent claimed the dismissal was due to poor performance, but could not provide concrete evidence, such as Key Performance Indicator reports. Therefore, the lack of a risk assessment for the Complainant’s disability and the rushed termination led to the conclusion that the dismissal was linked to the seizure event. Further, the Respondent failed to seek medical advice or properly address the disability, leading to a finding that the Complainant had established a prima facie case of discriminatory dismissal. However, the Complainant did not present sufficient evidence to support the claim that the Respondent failed to provide reasonable accommodation. Thus, while the complaint of discriminatory dismissal was upheld, the claim regarding failure to accommodate his disability was not.
It was concluded that the appropriate redress for the Complainant was an award of €3,000 in compensation. This amount was intended to compensate for the discriminatory treatment experienced by the Complainant but also considered the Complainant’s lack of transparency during the hearing. Additionally, the Respondent was ordered to provide professional training on Diversity and Inclusion for all management members, including Supervisors and HR, to be completed within six months from the date of the decision.
Practical Guidance for Employers:
Employers should:
- Document Performance Reviews: Ensure regular performance reviews are conducted and documented, especially during probation periods. Discuss and record any performance issues.
- Clear Communication: Provide explicit feedback to employees regarding their performance and areas of concern. Avoid relying solely on informal assessments or verbal discussions.
- Reasonable Accommodations: Actively engage with employees about their disabilities and assess the need for accommodations. Follow up on medical advice and ensure any necessary adjustments are made.
- Probationary Period Procedures: Implement a structured approach to probation reviews, including clear communication about performance expectations and potential issues.
- Disability and Seizure Awareness: Treat all disabilities seriously, including conditions like seizures. Conduct risk assessments and ensure safety protocols are in place.
- Diversity and Inclusion Training: Provide regular training on diversity and inclusion to management and HR to prevent discriminatory practices and ensure legal compliance.
- Record-Keeping: Document key meetings, such as termination discussions, and maintain records of any correspondence to ensure transparency and legal compliance.
The full case can be found here:
https://www.workplacerelations.ie/en/cases/2024/september/adj-00050048.html
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