€20,000 Disability Discrimination Award: Why Employers Must Look Beyond Blanket Policies on Workplace Accommodations
A recent decision of the Workplace Relations Commission has delivered an important message for employers managing requests for flexible working due to medical conditions.
In what is believed to be the first Irish employment law decision recognising vestibular migraine as a disability, the WRC awarded €20,000 to an employee after finding her employer failed to adequately consider a request for reduced working hours.
The decision reinforces a key principle of Irish employment law:
Employers cannot rely solely on organisational policies or funding restrictions where reasonable accommodation obligations arise.
Background to the Case
The employee developed vestibular migraine, a condition which caused:
- Severe headaches;
- Dizziness;
- Nausea;
- Fatigue; and
- Significant difficulty carrying out normal day-to-day activities.
Following a period of medical leave, both:
- Her GP; and
- Her employer’s occupational health provider
recommended that she return on a reduced working pattern consisting of:
- Four working days;
- 28 hours per week; and
- One day working remotely.
The employer declined the request.
Its position was that funding arrangements only permitted:
- Full-time employment; or
- A half-time contract.
No intermediate arrangement could be offered.
What the WRC Found
The adjudicator rejected the employer’s arguments.
Most significantly, the WRC concluded that:
Vestibular migraine constituted a disability
Although no previous Irish authority had reached this conclusion, the adjudicator accepted that the condition:
- Affected normal bodily functioning;
- Had more than a temporary impact;
- Substantially affected the employee’s ability to work.
Blanket Policies Were Not Enough
The employer relied heavily on funding rules.
However, the WRC held that employers must assess:
- The individual employee;
- The specific medical evidence;
- Whether reasonable accommodation can be provided.
A blanket refusal was insufficient.
Reasonable Accommodation Was Not Properly Considered
The WRC found the employer had failed to demonstrate that:
- Accommodating a four-day week;
- Or adjusting working arrangements
would have imposed a disproportionate burden.
The employer was ordered to:
- Pay €20,000 compensation;
- Review the employee’s working arrangements; and
- Review its disability accommodation policies.
Why This Matters for Employers
This decision extends beyond migraine conditions.
It reinforces the broader obligations placed on employers under the Employment Equality Act 1998.
When an employee presents medical evidence supporting workplace adjustments, employers must actively engage with the request rather than simply applying standard organisational rules.
Four Key Employer Lessons
1. Blanket Policies Are Rarely Enough
Internal policies, funding rules or standard contract structures should not automatically determine the outcome.
Each request should be assessed individually.
2. Reasonable Accommodation Is an Active Process
Employers should:
- Consult with the employee;
- Obtain occupational health advice;
- Explore practical alternatives;
- Document every stage of the assessment.
The obligation is to properly consider accommodation—not simply reject it.
3. Emerging Medical Conditions May Still Be Protected
One of the most significant aspects of this case is that the condition had not previously been recognised by an Irish employment tribunal.
Employers should avoid assuming that a condition falls outside disability protections simply because there is limited legal precedent.
4. Demonstrate Why Accommodation Cannot Be Provided
If accommodation genuinely cannot be implemented, employers should be able to demonstrate:
- Operational impact;
- Financial implications;
- Alternative options explored;
- Why the burden would be disproportionate.
Without evidence, refusals are vulnerable to challenge.
Practical Steps for Employers
Before refusing any accommodation request, employers should:
✅ Meet with the employee.
✅ Obtain occupational health advice.
✅ Review medical recommendations carefully.
✅ Consider alternative working arrangements.
✅ Record why proposed accommodations are or are not feasible.
✅ Seek legal advice before making a final decision.
The Bigger Message for Employers
This decision reinforces an increasingly common theme in WRC decisions:
Reasonable accommodation is about individual assessment—not organisational convenience.
Employers who can demonstrate meaningful consultation and careful decision-making are significantly better positioned to defend discrimination claims.
How Ormonde Solicitors Can Help
At Ormonde Solicitors, we advise employers on:
- Disability discrimination claims
- Reasonable accommodation obligations
- Flexible working requests
- Occupational health issues
- HR policy development
- WRC representation
Obtaining legal advice early can help employers meet their obligations while balancing operational requirements.
📞 Contact us today for confidential guidance.
Disclaimer: This article is for general information purposes only and does not constitute legal advice.
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