Employment Partner David Parsons has contributed to HR Magazine about an Irish employment tribunal decision to award a worker with a migraine condition €20,000 for disability discrimination after she was denied a four-day working week.
David said: “While this case was decided under Irish law, it carries important lessons for UK employers too. Under the Equality Act 2010, a person has a disability if they have a physical or mental impairment that has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities.
“There is no prescribed list of qualifying conditions. What matters is the impact of the condition on the individual, assessed on a case-by-case basis.
“This case is a timely reminder that employers should not assume a condition does or does not amount to a disability simply because it may not obviously fit a familiar category. Vestibular migraine, like many other episodic conditions, can cross the threshold depending on its effects.
“Early referral to occupational health can be invaluable. It provides an evidence base, demonstrates good faith, and helps identify practical solutions before a dispute arises.
“As this case shows, an employer who cannot demonstrate they properly considered an adjustment risks a finding that they failed in their legal duty.”
Read the full article in HR Magazine.