Summary Sentence:

The Complainant solicitor, who raised the need for reasonable accommodation after anticipating his dismissal during his probationary period, was found to have been entitled to such reasonable accommodation and was awarded €5,000.

Background:

The Complainant was employed as a senior associate solicitor by the Respondent from 13 March 2023 until 17 August 2023. At the start of his employment, he was given approximately 13 files by his employer, approximately half of what his employer hoped he would be able to manage after his initial probationary period. In April 2023, the Complainant told a partner of the Respondent, and later his line manager, that he had long COVID and that this was causing him fatigue issues which affected his social activities but did not affect his work. After a couple of months on the job, the Complainant noticed his job was not going as well as he had hoped, a feeling which was shared by the Respondent. The Respondent noted that at this time they had been disappointed by, among other things, the speed at which the Complainant was able to do his work and the way he communicated with colleagues. In June 2023, the Complainant was advised in a meeting with his line manager that his performance was not at the level required, and that a client of the Respondent had raised an issue with the Complainant’s performance. Unfortunately, this client, the only client for whom the Complainant currently held files, continued to be dissatisfied with the Complainant’s performance after this meeting, and as a result of this, the Respondent decided to dismiss the Complainant.

The Complainant was due to go on annual leave at this time, and so the Respondent decided to wait until the Complainant’s return to advise him of this decision in a meeting on 10 August 2023, which was scheduled with the Complainant and a representative with HR. The Complainant, anticipating the nature of this meeting, asked his line manager about the nature of it and asked to be allowed to bring a union representative to the meeting. The Complainant also advised his line manager that he suffered from long COVID and from depression, and that he required reasonable accommodation for these conditions. Despite this, the Respondent dismissed the Complainant on 10 August 2023 and did not provide further accommodation. The Complainant alleged discriminatory dismissal, victimisation, harassment and failure to provide reasonable accommodation.

Outcome:

The Adjudication Officer, while dismissing most allegations of discrimination, found that the Respondent’s failure to provide him with reasonable accommodation after his having raised the possibility that his performance issues were due in part to his disability of having long COVID. In respect of this, the Adjudication Officer ordered the Respondent to pay the Complainant €5,000 in compensation, and ordered that the Respondent must review its policy on reasonable accommodation and provide training on the policy to all its employees in a staff management role within three months of the date of their decision.

Practical Guidance for Employers:

A request for reasonable accommodation by an employee must be considered by an employer, even if the employee is on probation and it has been decided that they are to be dismissed.

The full case is here:
https://www.workplacerelations.ie/en/cases/2024/april/adj-00049048.html