Employee Compensated €60,000 for Discriminatory Dismissal
In a landmark ruling, the Chadwicks Group, a prominent builders' merchanting business, has been ordered to pay €60,000 in compensation to a long-serving employee who faced discrimination due to her disability. The employee who had 37 years with the company, was dismissed in August 2022 after a lengthy recovery from back surgery.
The employee, who underwent a routine procedure in February 2021, experienced unexpected complications that left her with significant mobility issues, including paralysis in her right leg, leading to an extended period of sick leave.
During the hearing, WRC Adjudicator Valerie Murtagh determined that Chadwicks did not adequately assess the employee’s specific needs, which could have enabled her to continue working in a modified capacity. The company misrepresented medical advice, claiming that a company doctor deemed her unfit for a sedentary role - an assertion that the adjudicator found unsubstantiated.
Moreover, the ruling highlighted that Chadwicks failed to consider reasonable accommodations, such as a hybrid work model or adjusted duties, which might have allowed the employee to remain employed. The employee’s own consultant neurosurgeon supported this, stating she was capable of performing her job with modifications.
As part of the ruling, Chadwicks has been directed to review its policies and ensure compliance with employment equality legislation.
This case serves as a crucial reminder of the importance of accommodating employees with disabilities and the need for thorough assessments before making employment decisions.
For advice and guidance on managing disabilities and ensuring equality in the workplace, get in touch with our team of specialists at MSS – The HR People today.
