Courts / Ireland / Report

Care worker taken off roster after disclosing HIV status wins €22k

Summary

Ms S, a care worker who disclosed she was HIV‑positive, was taken off the roster at Abbot Close Nursing Home after her medical history was known. She began work experience in summer 2023, signed a contract within a fortnight, but was not rostered after a month. She sought occupational health reports and a medical clearance, but the employer demanded a referral and offered no support. When she returned in uniform, the assistant director of nursing asked her to leave and refused to let her finish her experience. Ms S's barrister showed that a consultant doctor later wrote to the employer with no concerns about her fitness to work. The WRC adjudicator found the employer's actions amounted to constructive dismissal and discriminatory treatment, awarding Ms S €22,500 in compensation for dismissal and failure to provide reasonable accommodation under the Employment Equality Act.

Who, what, where, when and why

What: Report matter: Care worker taken off roster after disclosing HIV status wins €22k. Procedural stage: trial

When:

• November 2023 Other
• August 2024 Other
• 2024-10-16 Publication

Why: The tribunal found the worker was delayed getting a professional qualification and left "in limbo" with her career because it meant she was unable to finish her work experience. CNI source report

Topics

Stage Trial

Read the original CNI report