Statutory Restrictions May Be a Reason For Dismissal

RestrictionsScenarios exist where an employer may have to terminate an employee’s employment for reasons other than Conduct, Capability or RedundancyDI. Such circumstances are called “Some Other Substantial Grounds” (SOSG) and we have previously looked at this issue in the context of Third part pressure, Statutory Restrictions, or Employers Interests.   

Two recent cases in the EAT have shown two very different outcomes based on how the employer handled the situation. The 1st case (UD2274/2010) being an employee who had lost his security license and as he had failed to respond to the company’s requests to have this renewed, he was dismissed.

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Equality Officer Sets Out Procedure for Medical Dismissal in Marks & Spencer Case


A recent Equality Tribunal finding has seen Marks & Spencer being forced to pay €14,000 to an employee due to discriminatory dismissal, and the tribunal has ordered the re-engagement of the employee with back payment from July 2010. The Equality Officer held that the Company had failed to take account of the employees disability and make the reasonable accommodations to their role to facilitate them.

The case at hand concerned Donaldson -v- Marks & Spencer (DEC-E/2013/032) where the employee, having been employed since 2006, was diagnosed with a condition called Benign Intracranial Hypertension (BIH) a condition which causes an excess of fluid on the brain.

In March 2005 the employee underwent an operation to put a shunt into her brain which would drain the excess fluid. This condition when untreated can cause blindness.

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