Duty to Inform Employer of Disability

Introduction

The case of Alan McAndrew v DHL Supply Chain (Ireland) Limited (ADJ00035383) examines the obligations of an employee to inform an employer of any disability should the employee seek a reasonable accommodation.

Mr McAndrew (the Complainant) brought a complaint under the Employment Equality Act, 1998 against DHL Supply Chain (Ireland) Limited (the Respondent) to the Workplace Relations Commission (WRC), alleging that he had not been provided with a reasonable accommodation in respect of his disability. The WRC found against the Complainant, and he appealed the matter to the Labour Court. The Labour Court also found against the Complainant (ADE/22/108).

Reasonable Accommodation

The Complainant ordinarily worked night shifts but, on revealing that he suffered from hypertension, he was afforded the opportunity to undertake day shifts as a security guard for the Respondent. The Labour Court determined that the Respondent did make reasonable accommodation for the Complainant by transferring him to day duties that did not involve any night work. Therefore, the Labour Court found that the complaint was not well founded.

The Complainant went on to note that he also suffered depression which the Respondent didn’t take into consideration. It appears as if no medical evidence had been previously submitted to the employer in respect of any depression suffered by the Complainant. 

Ultimately, the Labour Court decided that the employer could not be held liable for failing to provide a reasonable accommodation in respect of a disability in which it was not aware of.

“The Complainant indicated in his own evidence that he suffered from a second disability also i.e. depression. However, the Court – having reviewed the full suite of medical certificates and reports submitted to it, finds that there is no evidence that the Respondent was ever notified of this disability. As a matter of simple logic, an employer cannot be expected to make reasonable accommodation for a disability which an employee has not notified it about.”

Conclusion 

The takeaway for employees seeking a reasonable accommodation from their employer is to ensure that the employer is fully aware of any disability they suffer and what steps are required to accommodate that disability. The WRC and Labour Court will not permit an employee to progress a complaint under the employment equality legislation if they cannot demonstrate they have informed their employer of that disability.

The takeaway for employers is to ensure that if an employee presents with a disability, all options are considered with respect to accommodating that employee.

Further information

This article was prepared by Barry Crushell for informational purposes only. For further advice, please email contact@crushell.ie or contact the offices of Crushell & Co Solicitors.