Two months ago one of our employees, who was in line for a promotion, had a mental breakdown and had to be hospitalised. Recently they have been certified fit to return to work and are due to start next week. The Company is worried that if they are given the promotion they will be unable to cope with the increased workload/responsibility. Would this concern justify refusing them the promotion.
John Jermyn writes:
Refusing the promotion may leave the Company open to a claim under the Employment Equality Acts 1998 (as amended) (“the Acts”). The Acts prohibit discrimination under any of nine grounds including disability. Disability is defined by the Acts as including:
“a condition, illness or disease which affects a
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