WRC Awards €20,000 in Disability Discrimination Case Involving Reduction of Hours
WRC Reference: ADJ-00052352 / 9th March 2026
A recent decision of the Workplace Relations Commission (WRC), Nancy Doherty v Figary Water Sports Development Company Ltd highlights the risks for employers where changes to working arrangements impact an employee with a disability.
Background
The Complainant, Ms Nancy Doherty, was employed as a Marina Manager with the Respondent company since 2002. During her employment, Ms Doherty experienced a number of serious health issues, including multiple cancer diagnoses, and was undergoing ongoing treatment.
She alleged that, following her return to work, her working arrangements were significantly altered. Her hours were reduced from full-time to two days per week and, ultimately, she was left with no working hours at all. She further claimed that she was effectively excluded from the workplace in December 2023.
The Respondent denied that any discrimination had occurred, maintaining that any changes to working arrangements were either agreed or unrelated to the Complainant’s disability. A preliminary argument was also raised that elements of the claim fell outside the statutory time limits.
WRC Findings
The Adjudication Officer was satisfied that the key events in December 2023, when the Complainant’s remaining working days were removed and she was told not to attend work, brought the complaint within the relevant time limits.
It was accepted that the Complainant had a disability. The focus therefore turned to whether she was treated less favourably than a comparable employee.
The Complainant identified another individual, referred to as Ms B, who continued working. While the Respondent disputed her status, the WRC accepted that she carried out work and was paid, and therefore was a valid comparator.
On that basis, the Adjudication Officer found that a prima facie case of discrimination had been established, shifting the burden of proof to the Respondent. However, the Respondent failed to rebut this.
The WRC accepted that the Complainant was told not to attend work in December 2023 and noted that no steps were taken to clarify or reverse that position. The Adjudication Officer emphasised that it is the employer’s responsibility to address such situations.
The absence of formal procedures, including a grievance process, was also a factor. In the absence of such structures, the risk of unresolved issues rests with the employer.
While there was conflicting evidence regarding the earlier reduction in hours, the WRC found that this had been accepted at the time. The finding of discrimination instead related to the removal of all working hours and the Complainant’s exclusion from the workplace.
Decision
The WRC found in favour of the Complainant and awarded:
- €20,000 compensation for discrimination under the Employment Equality Acts.
- €300 compensation for failure to provide written terms and conditions of employment.
The level of compensation was reduced to reflect the fact that the Respondent had continued to make payments to the Complainant for a period following the end of her employment.
Key Takeaways for Employers
This case highlights several important lessons:
- Exercise caution when changing working arrangements for employees with disabilities.
- Ensure clear and consistent communication around any workplace decisions.
- Act promptly to resolve misunderstandings, inaction can create legal exposure.
- Implement and maintain proper workplace procedures, including grievance policies.
- Comply with core employment law obligations, including providing written terms of employment.
Even in the absence of intentional discrimination, poor communication and a lack of structure can lead to significant liability.
If you require support navigating changes to terms and conditions or reasonable accommodations contact MSS The HR People at: info@mssthehrpeople.ie , Ph 018870690 or visit our website for further guidance.
