An employee’s disability discrimination and appropriate-measures complaints failed after an Equality Officer found that the company had made appropriate enquiries and considered support for his return to work. Equality Officer Tara Coogan dated the decision 6 May 2010.
The employee said the company had failed to accommodate his return and follow fair procedures. The company said medical evidence showed he was not fit to return and a phased return was impracticable. Coogan accepted that he had a disability and was dismissed because of it, but found the company had given him an adequate opportunity to be heard and that the dismissal was lawful under section 16(1)(b).
On the appropriate-measures complaint, Coogan found that the company had assessed his capacity and considered measures to facilitate his return. Both complaints failed.