Disability discrimination case results in €4,000 award for deli employee diagnosed with Multiple Sclerosis
Delicatessen Assistant Secures Compensation for Disability Discrimination
A delicatessen assistant, whose identity remains anonymous, has secured €4,000 in compensation after the Employment Equality Tribunal found that their employer failed to provide reasonable accommodation for their disability.
The retail business, located in a seaside resort, was found to have breached the Employment Equality Act 1998 by Adjudication Officer Gaye Cunningham. The employer was accused of refusing to provide guarantees for reasonable accommodation to the assistant, who was diagnosed with multiple sclerosis and could no longer work more than four hours due to exhaustion.
In her ruling, Ms. Cunningham stated that the employer's refusal to accommodate the assistant's needs was discriminatory on the grounds of disability. The employer argued that they needed "some flexibility" and claimed that others were "worse off" than the assistant, but Ms. Cunningham rejected this claim, noting that there was no financial information provided to demonstrate a clear financial burden on the employer.
The assistant had initially resigned from her part-time job due to her manager's inability to guarantee a reduction in working hours. Upon asking for four-hour shifts, the employer replied "No." The employer later reluctantly accepted the worker's resignation but did not receive a written letter of resignation. Ms. Cunningham wrote that the worker should have put her grievance in writing for resolution.
The employer also stated that they would continue to facilitate four-hour shifts whenever possible, but Ms. Cunningham directed the employer to pay the complainant €4,000 in compensation for the disability discrimination case. The tribunal rejected the assistant's second complaint alleging constructive dismissal in breach of the Unfair Dismissals Act 1977.
Ms. Cunningham also dismissed the employer's constructive dismissal claim because the business had no opportunity to resolve the matter locally. The employer had asked the assistant for a letter of resignation, but Ms. Cunningham ruled that this was not a valid reason for dismissal.
This case serves as a reminder to employers of their legal obligations to provide reasonable accommodation for employees with disabilities. It also highlights the importance of open communication and the need for employers to consider the individual needs of their employees when making decisions about working hours and accommodations.
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