1. Introduction
Reasonable accommodation is the cornerstone protection for employees with disabilities under the Employment Equality Acts 1998 to 2015. Section 16 of the Acts requires employers to take “appropriate measures” to enable a person with a disability to access, participate and advance in employment, unless those measures would impose a disproportionate burden on the employer.
The obligation is proactive rather than reactive. An employer cannot wait for the employee to make a formal request; the duty is engaged once the employer knows, or ought reasonably to know, of the disability. This article considers the statutory framework, the leading Supreme Court authority in Nano Nagle School v Daly, and the practical steps a prudent employer should take.
2. Legislation and Case Law
Section 16(3) of the Acts requires the employer to take “appropriate measures” to enable a person with a disability to have access to, participate in, and advance in employment, and to undergo training. Section 16(4) defines “appropriate measures” as effective and practical measures, where needed in a particular case, to adapt the employer’s place of business including premises, equipment, working patterns and the distribution of tasks.
The leading authority is Nano Nagle School v Daly [2019] IESC 63, in which the Supreme Court (MacMenamin J.) held that the duty under Section 16 may extend to the redistribution of duties, provided this does not amount to creating a wholly different job. The Court rejected the narrower interpretation previously taken in Humphreys v Westwood Fitness Club [2004] ELR 296.
Importantly, the Court emphasised that the employer must engage in a process of consultation with the employee and consider the medical evidence before concluding that no accommodation is possible. A failure to engage in this process will itself constitute a breach of Section 16.
Article 5 of Directive 2000/78/EC, transposed by the 1998 to 2015 Acts, requires employers to take appropriate measures unless they would impose a disproportionate burden. The Court of Justice in HK Danmark C-335/11 confirmed that reasonable accommodation may include a reduction in working hours.
3. Decision
Where a complainant establishes that they have a disability within the meaning of Section 2 of the Acts, the burden shifts to the employer under Section 85A to demonstrate that it complied with its Section 16 duty.
The WRC will examine whether the employer obtained up-to-date medical evidence, whether it engaged in genuine consultation with the employee about possible accommodations, and whether it considered all reasonable options including reassignment, redeployment, modified duties and adjusted working hours.
A complainant who succeeds may recover compensation up to two years’ remuneration under Section 82(4) of the Acts.
4. Takeaway
Employers should establish a clear written procedure for handling disability accommodation requests. The procedure should require that medical evidence be obtained, that the employee be invited to suggest accommodations, and that any decision to refuse accommodation be set out in writing with reasons.
Employees should make accommodation requests in writing where possible and engage constructively with occupational health assessments. A unilateral refusal to attend a medical assessment may undermine a subsequent complaint.
5. Further information
This article was prepared for informational purposes only. For further advice, please email enquiries@crushell.ie or contact the offices of Crushell & Co Solicitors.
6. About Crushell & Co
Crushell & Co is a specialist law firm focused on protecting and advancing the rights of employees in Ireland. We offer a nationwide service, advising individuals on a wide range of legal and regulatory issues arising at work, including employment law, employment immigration and workplace accidents and injuries.
We help employees understand their position and options by translating complex legal issues into clear, practical advice. Our approach is tailored to each client, ensuring that our strategy is aligned with their personal and professional circumstances.
Connect: @CrushellLaw or www.wordpress-576593-6594403.cloudwaysapps.com
