Disability discrimination

One of my members has been off work for some time after inhaling a lot of dust at work when building repairs were being carried out around him. His doctor has advised a phased return to work but the firm is saying that unless he comes back full time, they will have to dismiss him on ill-health grounds because it would cost them too much. Can he use disability discrimination law to keep his job?

Even under the Disability Discrimination Act 1995 an employer can get away with dismissing an employee who is unable to carry out his duties. The cost of continuing to employ the person could be a legitimate justification. However, first your employer would have had to carry out a proper assessment of what was required to eliminate the disadvantage your member has suffered. If your employer has not done this then a tribunal is likely to find that the dismissal is unfair and contrary to the 1995 Act.

* More information: Mid Staffs General Hospitals NHS Trust v Cambridge [2003] IRLR 566