Fórsa has secured an award of €15,000 for a clerical officer member in the North West following an adjudication that concluded the HSE had discriminated against the member, who has a visual impairment, by failing to make reasonable accommodation for their disability, 

The member was dismissed from their employment only five months into their probationary period, which the adjudicator ultimately found to be discriminatory, because it resulted from a failure to provide the employee with reasonable accommodation.   

The employer, in its submission, said the disability, and the way it impaired the member’s ability to do their job as a clerical officer, did not come to light until five months into the probationary period. 

However, in a detailed finding, the adjudicator said they did not accept an employer’s defence that an employee hasn’t been sufficiently clear about what appropriate measures they need if - having disclosed a disability - no time is taken by the employer to see how additional needs might be accommodated. 

The adjudicator added that they were satisfied that the failure of the employer to “do more” - and by dismissing the employee as quickly as they did - failed to consider if reasonable accommodation could have been provided. The adjudication cited a breach of obligations under the Employment Equality Act, and awarded €15,000 in compensation.

Join a union that wins. Join Fórsa.