This case involved a claim that the complainant's former employer had failed to provide appropriate measures to accommodate his disability and had discriminatorily constructively dismissed him.

The complainant had suffered an injuries at work in 2012 and 2013 which resulted in periods of absence from work. In addition, he had been diagnosed with early onset Multiple Sclerosis. The complainant returned to work following these injuries but despite both his GP and the company doctor recommending work of a light physical demand he was placed back into his old physically-demanding job. The complainant also claimed that upon his return he felt watched and being pushed out of his job, resulting in him resigning.

The Court held that an employer has a duty to take appropriate measures to enable a person with a disability participate in employment. The Court stated that they were satisfied that the respondent, despite independent professional advice, had formed the opinion it could not make the necessary adjustments to accommodate the complainant.

The Court found that the respondent had confined its consideration of alternative roles for the complainant to existing roles only and had not considered if an adjustment could be made to such roles, or sought the complainant's input. Accordingly, the Court held that the claim of constructive dismissal was not well-founded but they awarded compensation of €8,500 for the respondent's failure to accommodate the complainant.
http://www.workplacerelations.ie/en/Cases/2018/January/EDA184.html