CURRENT LEGAL ARTICLES

For employers, a disability-related workplace issue can quickly become more than an HR matter. A request for reasonable accommodation may affect an employee’s duties, attendance, performance or working arrangements. In more serious cases, it may arise alongside long-term sickness absence, capability concerns or a proposed dismissal.

For a Cork employer or Munster business, getting the process wrong can create significant legal risk. Disability is one of the grounds protected under the Employment Equality Acts, which apply to areas including recruitment, promotion, working conditions, training and dismissal.

The difficult question is often not whether an employer wants to support an employee. It is:

What does Irish law actually require an employer to do, how far does reasonable accommodation extend, and when can an employer lawfully conclude that an employee cannot continue in their role?

This article examines those questions from an employer’s perspective, including the important Supreme Court decision in Nano Nagle School v Daly.

Employer advice: If a disability-related issue involves long-term absence, capability, performance concerns or a possible dismissal, employers should consider obtaining employment law advice before taking formal action.

What Is Reasonable Accommodation in Ireland?

Reasonable accommodation refers to appropriate measures that may enable an employee with a disability to access, participate in or advance in employment.

Depending on the circumstances, this could involve:

• Changes to working hours.
• Flexible working arrangements.
• Adaptation of equipment.
• Changes to workplace facilities.
• Redistribution of certain tasks.
• Adjustments to working methods.
• Phased return-to-work arrangements.
• Appropriate training or support.

The obligation is not simply about making a workplace physically accessible. It can arise where an employee’s disability affects their ability to perform aspects of their role.

However, reasonable accommodation does not mean that an employer must agree to every request made by an employee.

The law requires a case-specific assessment of what measures are appropriate and whether providing them would impose a disproportionate burden on the employer.

That distinction is particularly important for businesses managing disability-related employment issues.

Common Disability Discrimination Risks for Employers

Disability discrimination can arise in a number of different workplace situations.

For example, an employer may face legal risk where:

• An employee’s disability is not properly considered during a capability process.
• A reasonable accommodation request is rejected without adequate consideration.
• An employee is dismissed without properly assessing possible accommodations.
• Long-term sickness absence is treated as automatic evidence that an employee cannot continue working.
• Medical evidence is relied upon without properly understanding its implications.
• Managers make assumptions about what an employee can or cannot do.
• Workplace policies are applied rigidly without considering disability-related circumstances.
• An employee is disadvantaged because of disability-related limitations.

These risks can be particularly significant when an ordinary employment issue overlaps with disability.

For example, what initially appears to be a performance management issue may actually require an employer to consider whether the employee’s disability is affecting their ability to meet the relevant standard.

Similarly, what appears to be a straightforward long-term sickness absence issue may require consideration of reasonable accommodation before dismissal is contemplated.

Handling a Reasonable Accommodation Request

When an employee requests an adjustment, an employer should avoid treating the request as either an automatic entitlement or an automatic inconvenience.

A structured process is usually more appropriate.

1. Understand the Issue

The employer should establish what difficulty the employee is experiencing and how it affects their work.

Relevant medical or occupational information may be necessary depending on the circumstances.

The objective should be to understand the employee’s functional limitations and what may assist them, rather than making assumptions based solely on the existence of a disability.

2. Identify Possible Measures

Employers should consider what practical measures could enable the employee to continue participating in employment.

These might include changes to:

• Working hours.
• Duties.
• Equipment.
• Workplace arrangements.
• Work location.
• Working methods.

The possibilities will depend heavily on the role and business.

3. Consult With the Employee

An employer should not make a significant decision about accommodation without properly engaging with the employee.

The employee may have practical suggestions that management has not considered.

This was an important lesson from Nano Nagle School v Daly.

4. Consider the Impact on the Business

Employers are entitled to consider the practical and financial implications of proposed accommodation.

The law does not require an employer to accept an arrangement that would impose a disproportionate burden.

However, an employer should be able to demonstrate that the issue was genuinely considered rather than simply stating that an adjustment would be too difficult or expensive.

5. Document the Process

Employers should maintain appropriate records of:

• Discussions with the employee.
• Medical or occupational-health information.
• Adjustments considered.
• Alternative options explored.
• The reasons for decisions.
• Any operational or financial considerations.

Good documentation can become particularly important if the matter later develops into a Workplace Relations Commission (WRC) claim.

Nano Nagle School v Daly: What Employers Need to Know

One of the most important Irish cases concerning reasonable accommodation is Nano Nagle School v Daly [2019] IESC 63.

The case involved Marie Daly, a special needs assistant who became a wheelchair user following a serious accident. The school ultimately refused to allow her to return to her previous role. The dispute eventually reached the Supreme Court.

The central legal question was essentially:

How far must an employer go when considering reasonable accommodation for an employee with a disability?

The Supreme Court’s decision is highly relevant to employers because it clarified that the reasonable-accommodation obligation must be considered as part of the statutory framework under section 16 of the Employment Equality Acts.

The Court explained that where a person with a disability could perform the duties with reasonable accommodation, they are treated as capable of performing the job, subject to the accommodation not creating a disproportionate burden for the employer.

What Did the Case Mean in Practical Terms?

The decision does not mean that an employer must redesign every job around an employee’s disability.

The Supreme Court recognised limits to the duty.

It explained that reasonable accommodation cannot require an employer to remove all duties an employee cannot perform or necessarily create an entirely different job. Whether particular tasks can be redistributed or removed is a question of fact, reasonableness and proportionality.

This is an important distinction for employers.

The question is not:

“Do we have to give the employee everything they have requested?”

Nor is it simply:

“Can this employee perform every aspect of the role exactly as before?”

Instead, the employer should ask:

“What reasonable measures could enable this employee to perform the role, and would those measures impose a disproportionate burden on the business?”

That requires a genuine assessment of the circumstances.

What Are the Limits of Reasonable Accommodation?

Reasonable accommodation has limits.

An employer is not necessarily required to:

• Eliminate all essential requirements of a role.
• Create an entirely new position.
• Accept every accommodation requested.
• Carry an unlimited financial burden.
• Retain an employee who remains incapable of performing the role even after reasonable accommodation has been properly considered.

The Supreme Court in Nano Nagle emphasised that the duty is governed by reasonableness and proportionality. It also recognised that creating an entirely different job may raise the question of whether the arrangement has gone beyond reasonable accommodation.

This is why employers should avoid relying on broad statements such as:

“We cannot accommodate this employee.”

A more appropriate approach is to identify what accommodation was considered, why it was considered, what evidence was obtained and why the proposed measures were or were not reasonable in the circumstances.

Long-Term Sickness Absence and Disability

Long-term sickness absence can be particularly challenging for employers.

A business may be dealing with:

• Ongoing staff shortages.
• Temporary replacement costs.
• Increased workloads.
• Difficulties meeting customer requirements.
• Uncertainty about the employee’s return.
• Questions about whether the employee can perform their role.

However, an employee’s prolonged absence should not automatically be treated as evidence that dismissal is lawful.

If the underlying condition amounts to a disability, the employer may need to consider reasonable accommodation before reaching a final decision.

For example, an employee may have been absent for 12 months because of a serious condition. Medical evidence may indicate that they cannot immediately return to their previous working pattern but could potentially return through a phased arrangement.

That situation requires a different assessment from one where current medical evidence indicates that the employee cannot perform the essential requirements of the role even with reasonable accommodation.

The length of absence is only one part of the assessment.

Employer advice: Before commencing a capability or dismissal process following long-term sickness absence, employers should consider whether disability and reasonable-accommodation obligations are engaged.

Managing Performance Where Disability Is Involved

Performance management can become legally sensitive where an employee has a disability.

Consider a Cork business where an employee’s productivity has declined following the onset of a medical condition.

The employer may have legitimate concerns about performance. However, before proceeding directly to disciplinary action or dismissal, it may need to establish whether the performance issue is connected to the employee’s disability and whether reasonable accommodation could address the difficulty.

This does not mean that employees with disabilities cannot be held to appropriate performance standards.

Rather, employers should avoid treating disability-related limitations as ordinary underperformance without first considering the relevant circumstances.

A properly managed process should distinguish between:

A genuine performance issue that remains after appropriate accommodation has been considered, and

A performance difficulty that may be connected to a disability and could potentially be addressed through reasonable measures.

That distinction can be critical in defending an employment equality claim.

Before Dismissing an Employee With a Disability

Dismissal is one of the areas where employers face the greatest potential exposure.

If an employee’s disability affects their ability to perform their role, an employer may ultimately need to consider whether continued employment is possible.

But before reaching that point, employers should consider:

Medical Evidence

Is the medical information current and sufficiently clear?

Capability

Can the employee perform the role, with reasonable accommodation?

Accommodation

What practical adjustments have been considered?

Consultation

Has the employee had a genuine opportunity to explain their position?

Alternatives

Could duties, hours or working arrangements reasonably be adjusted?

Business Impact

Would the proposed accommodation create a disproportionate burden?

Fair Procedure

Has the employer followed an appropriate and fair process?

Failure to properly consider these issues can increase the risk of a disability discrimination claim, unfair dismissal claim or WRC proceedings, depending on the circumstances.

The WRC’s employment equality framework expressly protects employees against discrimination on the disability ground.

Can an Employer Refuse Reasonable Accommodation?

Yes, potentially.

Reasonable accommodation is not an unlimited obligation.

The employer may be able to establish that a proposed measure would create a disproportionate burden, taking account of the circumstances and relevant costs and resources.

However, simply saying “the accommodation is too expensive” or “we cannot change the role” may not be enough.

Employers should be able to demonstrate a meaningful assessment of the available options.

This is one of the practical lessons from Nano Nagle: the legal analysis is not simply about the final answer. The employer’s consideration of possible accommodation is itself important.

Defending a WRC Disability Discrimination Claim

Where an employee brings a disability discrimination complaint, the employer may need to demonstrate that its treatment of the employee was not unlawful.

The Employment Equality Acts provide protection against discrimination in employment, including in areas such as employment conditions, promotion, training and dismissal.

The WRC’s recent case reporting also shows that reasonable accommodation and disability-related dismissal remain live employment-law issues. Its 2025 Annual Report, for example, includes a case involving reasonable accommodation, disability discrimination and discriminatory dismissal.

From an employer’s perspective, relevant evidence may include:

• Medical reports.
• Occupational-health assessments.
• Records of meetings.
• Correspondence with the employee.
• Details of accommodation considered.
• Reasons for accepting or rejecting proposed measures.
• Evidence concerning operational impact.
• Relevant workplace policies.
• Records showing that the employee was given an opportunity to respond.

This is why employers should not wait until a WRC complaint is received before thinking about documentation and legal risk.

The strongest position is usually built before the dispute escalates.

Employer advice: If you believe an employee may challenge a disability-related employment decision, obtaining legal advice before the decision is finalised can help identify weaknesses in the process and reduce avoidable WRC risk.

Common Employer Mistakes

Employers dealing with disability-related issues should be particularly careful to avoid:

Treating a Disability as an Automatic Capability Problem

Having a disability does not automatically mean an employee cannot perform their role.

Rejecting Accommodation Without Investigation

An employer should not dismiss a request without properly considering whether practical measures could assist.

Relying on Outdated Medical Evidence

Medical circumstances can change. Decisions based on outdated information may be difficult to defend.

Failing to Consult

Employees may have useful information about what adjustments would allow them to work effectively.

Moving Too Quickly Towards Dismissal

Where disability, capability and absence overlap, dismissal should generally not be treated as the first solution.

Creating No Record of the Decision-Making Process

If an employer cannot demonstrate what it considered and why, defending a later claim may become more difficult.

Disability-Related Issues Across Cork and Munster Businesses

These issues can arise across many sectors.

For example:

• Manufacturing: physical limitations may affect particular duties or equipment requirements.
• Hospitality: working hours, physical duties and workplace accessibility may become relevant.
• Retail: standing, lifting, scheduling and customer-facing responsibilities may need consideration.
• Professional services: flexible or hybrid working arrangements may be relevant.
• SMEs: employers may face particular operational and resource constraints when considering adjustments.

The legal principles remain important regardless of the size of the business, but the practical circumstances of each employer will differ.

For Cork SMEs in particular, early advice can help management understand where its legal obligations end and where legitimate business requirements can properly be taken into account.

A Practical Checklist for Employers

Before making a significant decision concerning an employee with a disability, ask:

• Do we understand the employee’s functional limitations?
• Is our medical information sufficiently current?
• Have we discussed the issue with the employee?
• Have we considered reasonable accommodation?
• Have we considered changes to hours, duties or working arrangements?
• Have we considered whether tasks could reasonably be redistributed?
• Have we assessed the financial and operational impact?
• Could the proposed accommodation amount to a disproportionate burden?
• Have we considered whether the employee can perform the role with accommodation?
• Have we followed a fair procedure?
• Have we documented the decision-making process?
• Could the proposed action create a disability discrimination risk?
• Could it result in a WRC complaint?
• Should we obtain employment law advice before proceeding?

When Should an Employer Contact an Employment Solicitor?

Legal advice can be particularly valuable where:

• An employee requests reasonable accommodation.
• Long-term sickness absence is becoming difficult to manage.
• Medical evidence raises questions about capability.
• Performance concerns may be disability-related.
• An employee alleges disability discrimination.
• A grievance has been raised.
• The employer is considering dismissal.
• The business is unsure whether an accommodation would create a disproportionate burden.
• A WRC complaint has been threatened or received.

Early advice can allow an employer to address potential problems before they become formal disputes.

For a Cork employer, this may be particularly important where a small management team has limited internal HR or legal resources.

How Dylan Green & Associates Solicitors Can Help

Dylan Green & Associates Solicitors advises employers and employees on employment law matters in Cork and throughout Ireland. The firm’s employment-law services include workplace disputes, discrimination, grievances, disciplinary matters, performance issues and representation before the Workplace Relations Commission.

For employers, disability-related matters often require more than simply identifying an employee’s legal rights. The business needs to understand its own obligations, assess potential risks and decide how to proceed without unnecessarily exposing itself to a claim.

If your business is dealing with a reasonable accommodation request, disability-related absence, capability concern, performance issue or potential dismissal, specialist employment law advice can help you assess the situation before taking formal action.

Contact Dylan Green & Associates Solicitors for professional employment law advice in Cork and throughout Ireland.

Conclusion

For employers, disability-related workplace issues require a careful balance between supporting employees and protecting legitimate business interests.

Irish law requires employers to properly consider reasonable accommodation where applicable, but the obligation is not unlimited. The Supreme Court’s decision in Nano Nagle School v Daly demonstrates that reasonable accommodation must be assessed through the principles of reasonableness and proportionality. It does not automatically require an employer to create an entirely different job or remove every duty an employee cannot perform.

The practical lesson for employers is clear: do not assume, do not rush and do not treat reasonable accommodation as a box-ticking exercise.

Where disability overlaps with long-term sickness absence, performance management, capability or dismissal, the legal risks can become significantly more complex.

For Cork and Munster businesses, obtaining employment law advice at the right stage can help management understand its obligations, assess potential WRC exposure and make better-informed decisions.

Frequently Asked Questions

Does an employer have to provide reasonable accommodation in Ireland?

Irish employment equality law requires employers to take appropriate measures for a person with a disability where required, subject to the statutory conditions, including the question of disproportionate burden.

Can an employer refuse a reasonable accommodation request?

Potentially. The law does not require every requested adjustment to be accepted. The employer must consider the circumstances and whether the proposed measures would create a disproportionate burden.

Does reasonable accommodation mean creating a new job?

Not necessarily. The Supreme Court in Nano Nagle School v Daly recognised that reasonable accommodation does not impose an unlimited obligation to create an entirely different position. The assessment depends on the facts, reasonableness and proportionality.

Can an employee with a disability be dismissed?

Potentially, but employers need to carefully consider capability, reasonable accommodation, medical evidence, equality obligations and fair procedures before making a dismissal decision.

Does long-term sickness absence automatically justify dismissal?

No. The employer should consider the employee’s circumstances, medical evidence, prospects of returning, reasonable accommodation and the requirements of the role before reaching a decision.

Can disability-related performance problems lead to a WRC claim?

Potentially. If performance management or dismissal is connected to an employee’s disability and reasonable accommodation has not been properly considered, the circumstances may give rise to an employment equality complaint.

What is the significance of Nano Nagle School v Daly?

The Supreme Court decision provides important guidance on the scope of reasonable accommodation. It confirms that an employer must properly consider appropriate measures, while also recognising that the duty is governed by reasonableness and proportionality and does not require an employer to create an entirely different job.

Should a Cork employer obtain legal advice before dismissing an employee with a disability?

Where disability, capability, long-term absence or reasonable accommodation is involved, obtaining advice before a final decision can help the employer identify potential legal risks and ensure that the process is properly considered.

Contact Dylan Green & Associates Solicitors

Office: Horgan’s Quay, The Waterfront Square, Cork
Phone: 021 470 8570
Email: info@greensolicitors.ie

Dylan Green & Associates Solicitors advises employers and businesses in Cork and throughout Ireland on employment law, workplace disputes, discrimination, disciplinary matters, performance issues and WRC representation.

Disclaimer

This article is provided for general informational purposes only and does not constitute legal advice. Employment equality and reasonable accommodation matters are highly fact-specific, and the appropriate approach will depend on the circumstances of the employee, employer, role and workplace.

If your business is dealing with a disability-related employment issue, reasonable accommodation request, long-term absence, capability concern, discrimination allegation or potential dismissal, you should obtain specific legal advice before taking action.