€50,000 Disability Discrimination Award Highlights Return-to-Work Risks for Employers
A recent decision of the Workplace Relations Commission provides an important reminder that managing an employee’s return from medical leave requires more than good intentions.
A former Coast Guard rescue helicopter crewman was awarded €50,000 after the WRC found his employer discriminated against him by delaying his return to work despite repeated medical clearance and failing to properly consult with him throughout the process.
For employers, the case reinforces that return-to-work decisions should be evidence-based, collaborative and compliant with equality legislation.
The Background
The employee had worked for many years as a rescue helicopter winch operator before developing a shoulder condition.
Following treatment, both:
- His specialist consultant,
- Occupational health physician, and GP.
indicated he was medically fit to return to work with certain restrictions.
However, following an internal risk assessment, the employer decided he should not resume flying duties.
He remained out of work for several months despite continuing medical support for his return.
What the WRC Found
The WRC accepted that employers have legitimate health and safety responsibilities.
However, the adjudicator found that the employer failed in several important respects.
Specifically, the employer:
- Completed an initial risk assessment without involving the employee;
- Failed to adequately consider reasonable accommodation;
- Delayed the employee’s return to work for several months;
- Continued medical leave despite repeated evidence supporting a return.
The employee later completed a practical assessment which concluded he had passed “beyond reproach” and required no further practical testing before returning to operational duties.
The WRC awarded:
- €50,000 for disability discrimination
The adjudicator also directed the employer to review its return-to-work procedures.
Why This Decision Matters for Employers
The case demonstrates that employers can face liability even where their actions are motivated by genuine health and safety concerns.
The key question is not simply whether an employer acted cautiously.
It is whether the employer followed a fair, evidence-based process while complying with its obligations under equality legislation.
Key Employer Lessons
1. Medical Clearance Should Be Properly Considered
Where medical professionals determine an employee is fit to return, employers should carefully assess that evidence before refusing a return to work.
Additional concerns should be supported by objective evidence rather than assumptions.
2. Consultation Is Essential
One of the strongest criticisms made by the WRC was that the employee was excluded from the initial risk assessment.
Employees should be actively involved in discussions regarding:
- Workplace adjustments;
- Medical restrictions;
- Operational concerns;
- Potential accommodations.
Meaningful consultation is often as important as the final decision itself.
3. Reasonable Accommodation Is an Ongoing Obligation
Under the Employment Equality Act 1998, employers must consider whether reasonable accommodation can enable an employee to continue working.
This requires an active process rather than a one-off assessment.
Employers should:
- Identify possible adjustments;
- Consider specialist recommendations;
- Review alternative duties where appropriate.
4. Risk Assessments Must Be Robust
Risk assessments should not become “paper exercises.”
The WRC placed significant weight on evidence that:
- No practical assessment initially took place;
- Decisions appeared predetermined;
- Better engagement could have avoided prolonged absence.
Risk assessments should be proportionate, evidence-based and regularly reviewed.
Practical Steps for Employers
Before preventing an employee from returning after illness, employers should:
✅ Obtain up-to-date occupational health advice.
✅ Meet with the employee to discuss medical recommendations.
✅ Explore reasonable accommodations.
✅ Carry out practical assessments where appropriate.
✅ Keep detailed records of all decision-making.
✅ Regularly review restrictions rather than allowing them to continue indefinitely.
The Bigger Message for Employers
Health and safety responsibilities are essential.
However, employers must balance those obligations with equality law.
Where employees are medically capable of returning with reasonable adjustments, delays and lack of consultation can expose employers to significant liability.
A well-managed return-to-work process protects both employees and businesses.
How Ormonde Solicitors Can Help
At Ormonde Solicitors, we regularly advise employers on:
- Long-term sickness absence;
- Return-to-work procedures;
- Disability discrimination;
- Reasonable accommodation obligations;
- Occupational health issues;
- WRC representation.
Early legal advice can help employers make informed decisions while reducing legal risk.
📞 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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