€25,000 Disability Discrimination Award: Why Employers Need a Structured Reasonable Accommodation Process
A recent Workplace Relations Commission decision highlights the risks employers face when an employee develops a progressive medical condition and workplace arrangements are managed informally rather than through a structured accommodation process.
A large retailer was ordered to pay €25,000 to a long-serving employee with Alzheimer’s disease after the WRC found that it had failed to provide reasonable accommodation.
Although the adjudicator accepted that store management appeared to be trying to act responsibly, the absence of a clear plan, specialist input and properly assessed workplace adaptations resulted in a finding of disability discrimination.
For employers, the central lesson is clear:
Good intentions are not enough. Reasonable accommodation must be actively explored, assessed and documented.
Background to the case
The employee had worked for the retailer since 2005 and had spent more than a decade in a managerial position before being diagnosed with Alzheimer’s disease in 2022.
Medical advice indicated that maintaining a regular work routine would be beneficial.
The employee wished to remain in work, and his partner accepted that a point might eventually come when he could no longer continue. However, at the time, he intended to keep working a full week.
The employer maintained that it supported him until he was considered medically unfit.
As concerns arose regarding his ability to perform certain tasks, he was referred to occupational health and later placed on paid sick leave.
Recommended workplace supports
Occupational health recommended practical measures, including written work instructions and visual guides showing how shelves should be stocked.
The WRC heard that these recommendations were not fully implemented.
One manager said there was no suitable space to display the instructions without obscuring product prices.
Other concerns raised by management included the employee:
- Moving away from tasks;
- Leaving stock on the floor;
- Working more slowly;
- Potentially creating health and safety risks.
A manager later sought further medical information after observing what he described as a deterioration in the employee’s work.
The employee was then placed on paid sick leave for what the manager said was his own wellbeing.
Conflicting medical evidence
A specialist subsequently confirmed that the employee was fit to continue working in his existing role, provided appropriate accommodations were made.
A later occupational health review questioned whether he remained fit for work but left the final decision to management.
This placed the employer in a difficult position.
However, rather than commissioning a focused workplace assessment or obtaining specialist guidance on practical adaptations, the WRC found that the situation was allowed to develop without a clear process.
What the WRC found
The adjudicator found that the employer failed to provide reasonable accommodation as required by the Employment Equality Acts.
The decision noted that there appeared to be:
- No structured accommodation plan;
- No detailed enquiries into available supports;
- No independent assessment of suitable adaptations;
- No clear process for resolving conflicting medical evidence.
The adjudicator described a “vacuum” in which matters unfolded on an ad-hoc basis.
While management may have been doing its best, it lacked the necessary expertise and support to properly assess the employee’s needs.
The retailer was directed to pay €25,000 in compensation.
Why this decision matters for employers
This case is significant because it shows that an employer can still be found liable even where managers are concerned about employee wellbeing and workplace safety.
The question is not simply whether management acted with good intentions.
The WRC will examine whether the employer:
- Engaged with the employee;
- Considered the medical evidence;
- Explored practical accommodations;
- Obtained appropriate specialist advice;
- Assessed whether proposed supports created a disproportionate burden.
Where those steps are missing, removing an employee from work may amount to discrimination.
Key employer lessons
1. Reasonable accommodation requires an active process
Employers must do more than refer an employee to occupational health and wait for a final conclusion.
The process should involve:
- Direct consultation with the employee;
- Identification of the specific difficulties affecting the role;
- Consideration of practical supports;
- Trial periods where appropriate;
- Regular review.
The employee should remain involved throughout.
2. Conflicting medical reports require clarification
Where one medical professional supports a return to work and another raises concerns, employers should not simply choose the report that appears safest.
Further clarification may be required.
This could include:
- Updated occupational health advice;
- A functional capacity assessment;
- Specialist medical input;
- A workplace-based risk assessment;
- A practical trial of duties.
The goal is to establish what the employee can safely do with appropriate support.
3. Practical recommendations should be tested, not dismissed too quickly
The recommendation for written instructions was not fully implemented because management believed there was insufficient space to display them.
That may have been a genuine operational concern, but employers should explore alternatives such as:
- Printed task sheets;
- Laminated guides;
- Digital checklists;
- Handheld instructions;
- Adjusted supervision;
- Simplified duties.
A practical difficulty does not automatically make an accommodation unreasonable.
4. Health and safety concerns must be evidence-based
Employers have a duty to protect employees, customers and colleagues.
However, assumptions about what a disabled employee might do are not enough.
Health and safety concerns should be supported by:
- Documented incidents;
- Role-specific risk assessment;
- Medical evidence;
- Consideration of whether the risk can be reduced through accommodation.
5. Progressive conditions require ongoing review
Conditions such as Alzheimer’s disease may change over time.
An accommodation that works today may need to be adjusted later.
Employers should create a review process rather than treating the issue as a single decision between full duties and complete absence.
6. Paid sick leave is not a substitute for accommodation
Placing an employee on paid leave may appear supportive, but it does not necessarily satisfy equality obligations.
Before removing an employee from work, employers should be able to show that reasonable accommodations were properly considered and could not be implemented without disproportionate burden.
Practical steps for employers
When an employee develops a significant medical condition, employers should:
- Meet with the employee and discuss their needs;
- Obtain clear, role-specific medical guidance;
- Carry out an individual workplace assessment;
- Identify possible adjustments;
- Trial reasonable supports where appropriate;
- Document all options considered;
- Review the arrangement regularly;
- Seek legal advice before deciding that continued work is no longer possible.
The wider message for employers
This decision reinforces an important principle:
Reasonable accommodation is a process, not a single medical referral.
Employers may need to coordinate medical advice, workplace assessments, practical supports and regular consultation before making a final decision.
A structured approach protects the employee, supports management and reduces the risk of costly discrimination claims.
How Ormonde Solicitors can help
Ormonde Solicitors advises employers on:
- Disability discrimination;
- Reasonable accommodation;
- Long-term illness and absence management;
- Occupational health referrals;
- Return-to-work planning;
- Capability procedures;
- WRC claims and representation.
Early advice can help employers balance employee welfare, operational demands and legal obligations.
📞 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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