Disability Claims
Treated Unfairly Because of a Disability?
Employment equality law protects you from being treated less favourably because of a disability - physical or mental, visible or not, and whether it is permanent or temporary. Your employer also has a positive duty to provide reasonable accommodation: adjustments to your role, hours, or workplace that allow you to do your job. Failing to even consider accommodation can itself be unlawful.
You may have a claim if any of the following apply:
- You requested reasonable accommodation and it was refused or ignored
- You were dismissed or pushed out while on sick leave or after disclosing a condition
- You were passed over for hiring or promotion because of your disability
- You are being harassed or treated differently at work because of your condition
- Your employer dismissed you as "incapable" without properly assessing what would allow you to work
Time limits apply - complaints must normally be brought within 6 months of the last act of discrimination.
What You May Be Entitled To
Compensation for disability discrimination can be up to 2 years' remuneration, and it is not limited to your financial loss - it compensates for the effects of the discrimination itself. The WRC can also order your employer to provide the accommodation you were refused, or to take other corrective action. Many claims settle before ever reaching a hearing.
Disability Discrimination Solicitor
Expert legal advice on disability discrimination claims under Irish employment law.
If you’ve been treated unfairly, dismissed, or denied reasonable accommodation due to a disability, our Dublin based employment solicitors can advise on your rights and guide you through the claims process.
The Employment Equality Acts prohibit discrimination on the ground of disability across all aspects of employment, from recruitment and pay to promotion and dismissal.
The definition of disability under the Acts is broad, covering physical, mental, chronic, and temporary conditions.
Our Process
1. Establish the Disability
We assess whether your condition meets the legal definition under the Employment Equality Acts, which covers physical, mental, chronic, temporary, past, and even future disabilities.
2. Identify the Discrimination
Whether you’ve been dismissed, overlooked, or treated less favourably due to your disability, we pinpoint the specific acts of discrimination and any failure to provide reasonable accommodation.
3. Raise It With Your Employer
Employers should be given an opportunity to address the issue first. We advise on the correct approach, including whether a reasonable accommodation request has been properly handled.
4. Bring Your Claim
If the issue isn’t resolved, we submit your complaint to the Workplace Relations Commission and represent you through the adjudication process. Civil remedies may also be available.
Evaluate & Improvement
The legal definition of disability under the Acts is deliberately broad.
It includes the total or partial absence of bodily or mental functions, chronic disease or illness, conditions affecting how a person learns or thinks, and the malfunction or disfigurement of any part of the body.
Crucially, it also covers temporary, past, and imputed disabilities, meaning an employee does not need to have a permanent condition to be protected.
Employers are entitled to have capable employees who can perform the essential functions of their role.
However, before making any decisions about an employee’s ability to continue working, they must carry out a proper medical or occupational assessment and consider whether reasonable accommodation would enable the employee to do their job.
Dismissing an employee based on assumptions about their disability, without assessment, is a discriminatory dismissal.
WHAT'S COVERED
Physical, mental, chronic, temporary, past, future, and imputed disabilities are all protected under the Employment Equality Acts.
REASONABLE ACCOMMODATION
Employers must consider adapting premises, equipment, working patterns, task distribution, or training, unless it would impose a disproportionate burden.
YOUR OPTIONS
Internal grievance procedures, a WRC complaint for adjudication, or civil remedies where appropriate.
Frequently Asked Questions
Understanding Disability Under the Acts
- Covers physical, mental, chronic, and temporary conditions
- Includes conditions affecting learning or thought processes
- Past, future, and imputed disabilities are all protected
- Both the WRC and Labour Court have confirmed temporary conditions qualify
How Discrimination Occurs
- Direct discrimination: less favourable treatment due to disability
- Failure to provide reasonable accommodation
- Dismissal without medical or occupational assessment
- Assumptions about capability without evidence are unlawful
Your Employer's Obligations
- Employer should be given opportunity to address the issue
- Request for reasonable accommodation should be clearly documented
- Examples include adapted premises, flexible hours, modified duties, or additional training
- Accommodation is not absolute, capped at disproportionate burden
Making Your Claim
- Complaint to the Workplace Relations Commission
- No minimum service period required for equality claims
- Civil remedies may also be available depending on the circumstances
- Expert representation ensures the strongest possible case
Do You Have a Case?
90% of our clients' claims succeed. Get a straight answer on where you stand.
Get In TouchTime limits apply to most employment claims.
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Straight answers, in three steps
Most people have never needed a solicitor before. Here is exactly what happens when you contact us.
Tell Us What Happened
Send the form or call us. We listen, ask the right questions, and give you a straight answer on whether you have a case worth pursuing.
Agree The Plan Of Action
We set out exactly how your case will run and what to expect at each stage, all agreed in writing before anything begins. WRC claims usually must be lodged within six months, so we move quickly.
We Pursue Your Claim
Negotiation first, then the WRC, Labour Court or civil courts if needed. Most of our clients settle without ever facing a hearing.