€20,000 Disability Discrimination Award After Long-Service Employee’s Hours Were Reduced
A recent decision of the Workplace Relations Commission (WRC) highlights the legal risks employers face when making changes to working arrangements involving employees with medical conditions or disabilities.
A marina operator has been ordered to pay €20,000 in compensation after the WRC found that reducing a long-serving employee’s working hours amounted to disability discrimination.
The case demonstrates how business decisions relating to staffing, restructuring or operational needs must be carefully managed where health issues arise.
The Background
The employee had worked as a marina co-ordinator for over two decades and was the only full-time staff member in the business.
During her employment, she underwent extensive treatment for cancer, including chemotherapy, surgery and radiotherapy. Following treatment, she experienced lasting physical effects, including facial numbness and speech difficulties.
The employee’s hours were later reduced from five days per week to two, with another individual undertaking additional working days.
Subsequently, she was prevented from continuing to work when management decided to close the office on the days she remained scheduled to attend.
What the WRC Found
The adjudicator accepted that the reduction in working hours ultimately amounted to disability discrimination.
While the initial reduction earlier in the year was not found to be discriminatory — as it appeared to have been accepted at the time — the later removal of remaining working days was ruled unlawful.
The WRC also rejected arguments that the replacement worker was not an employee, accepting evidence that the individual had been engaged and paid.
The employer was directed to pay €20,000 in compensation.
Key Employer Risks Highlighted
This decision illustrates several important considerations for employers managing employees experiencing serious illness.
1️⃣ Reductions in Hours Can Amount to Discriminatory Treatment
Even where businesses face operational pressures, reducing working hours or responsibilities connected to an employee’s medical condition can give rise to liability.
Employers must be able to demonstrate that decisions are:
- Objectively justified
- Proportionate
- Unrelated to disability
2️⃣ Long Service Increases Sensitivity and Risk
Employees with significant service history often have:
- Greater workplace expectations
- Stronger knowledge of operational practices
- Increased likelihood of reputational or fairness concerns
Changes affecting such employees should be carefully planned and documented.
3️⃣ Informal Staffing Arrangements Can Create Legal Exposure
Disputes may arise where:
- Individuals are engaged without clear contracts
- Payment methods lack transparency
- Responsibilities shift without consultation
Clarity in employment status and working arrangements is essential.
4️⃣ Communication Failures Can Escalate Disputes
Failure to respond clearly to concerns raised by employees can:
- Undermine employer credibility
- Strengthen discrimination claims
- Increase compensation exposure
Engaging constructively at an early stage can prevent escalation.
Practical Lessons for Employers
Employers dealing with health-related workplace issues should:
✅ Assess whether adjustments are reasonable
✅ Consult meaningfully before changing hours or duties
✅ Document decision-making processes
✅ Ensure staffing changes are transparent
✅ Seek legal advice before implementing significant changes
Managing illness-related situations with sensitivity and compliance reduces legal risk.
How Ormonde Solicitors Can Help
Ormonde Solicitors advises employers on:
- Disability discrimination compliance
- Workplace restructuring
- Reasonable accommodation obligations
- Grievance and disciplinary procedures
- WRC representation
Early advice can help employers balance operational needs with 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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