The Equality Tribunal found that an employer had not discriminated against a worker by dismissing her or failing to provide requested adjustments. Equality Officer Michael McEntee dated the decision 30 July 2015. The worker said she wanted to remain in her job with reduced hours or light duties after her back condition worsened.
The employer said the assistant manager role at its small fashion shop required standing and flexible hours, and that it could not accommodate the requested restrictions. It also said the worker had already been given light duties after returning from surgery. The officer found that reasonable efforts had been made to facilitate her for a period after she returned.
The officer found that the employer had made adequate enquiries and had considered the medical evidence. Reduced hours, physical restrictions and the need to find another flexible assistant manager would, he concluded, place a disproportionate burden on the small business. The worker’s complaints of disability discrimination, discriminatory dismissal and failure to provide reasonable accommodation were not well founded.