A software developer with chronic hip pain and severe sleep disruption is awarded over £36,000 after a tribunal ruled her dismissal was disability discrimination.
While concerns were raised about the employee’s performance several months before her dismissal, they told their manager that the difficulty completing some tasks was partly linked to pain and sleep disruption caused by a medical condition.
Despite this, the employee was dismissed in September 2023 with notice, but without any prior performance improvement process or occupational health assessment.
The tribunal accepted that the individual’s medical condition met the definition of disability under the Equality Act 2010.
They found that the dismissal amounted to unfavourable treatment arising from a disability.
The Company failed to implement any performance improvement process, failed to provide an occupational health review, and failed to assess whether any reasonable adjustments could help the employee improve their performance.
This might have included allowing the employee more time to complete tasks or offering additional support.
Where an employee identifies health issues that may be impacting their conduct or performance, employers should take professional medical advice to review whether there are any adjustments that could reasonably be put in place to counter the effect of any potential disability.
If you are managing performance concerns linked to health issues, contact us for support with occupational health referrals, reasonable adjustments, and fair dismissal processes.
Managing disability and performance issues at work
Health issues can impact performance, and employers need to respond carefully. Subscribe to our newsletter for clear, practical HR guidance on managing disability, supporting employees, and reducing risk.
Recent Comments