Failure to Reasonably Accomodate Long-Term Sick Employee Deemed Discrimination

Discrimination Background

Ms. Feore worked as a Nurse Manager with the Alzheimer Society of Ireland for 5 years prior to her getting sick in October 2002. Her work was deemed very satisfactory in that period. Between October 2002 and October 2003, Ms. Feore was diagnosed as suffering from a variety of injuries and illnesses.

In evidence Ms. Feore said she played a key role in setting up the service in the Day Centre in Drimnagh and her ongoing responsibilities included management as well as clinical/medical work. She became ill in October 2002 and had a series of complications and other illnesses up to October 2003.

During her absence her job responsibilities were divided between a part-time nurse and an administrator who was employed full-time at the centre.

In October 2003, Ms. Feore was deemed fit to return to work on a phased basis. Ms. Feore communicated to the Alzheimer Society of Ireland that she was deemed fit and wished to return to work, initially on a phased basis to allow her to complete her treatment and then on a full-time basis (the latter is contested by Alzheimer Society of Ireland).

She attended for a consultation with Alzheimer Society of Ireland Medical Advisor and he confirmed the opinion of her own GP of her fitness to return to work.

Despite numerous requests for a return-to-work date none was forthcoming and the Alzheimer Society of Ireland only responded after receiving a letter from the Union on behalf of Ms. Feore. She was advised she could not return to the position she left and was offered a number of alternative positions with less responsibility and less hours.

A meeting between Ms. Feore and the Regional Manager to address the issue was scheduled for mid-Jan 2004. At this meeting Ms. Feore was told that she could not return to work on a part-time basis to the position of Nurse Manager but could return on a part-time basis as a Staff Nurse.

After a series of meetings and communications between the Alzheimer Society of Ireland and the Union on behalf of Ms. Feore, she was advised that the Alzheimer Society of Ireland had restructured itself during her absence.

According to the Alzheimer Society of Ireland the options available to her were to accept a part-time position without managerial responsibilities or accept a redundancy. The Alzheimer Society of Ireland increased the hours of part-time by offering work at two locations. Ms. Feore pointed to other staff, including the CEO, who returned to their positions after being absent for considerable time on sick leave.

Equality Breached

The Equality Officer found that there was no documented evidence that consideration had been given to restructuring at the centre where Ms. Feore worked and that the Alzheimer Society of Ireland had failed to provide reasonable accommodation when Ms. Feore requested to return to work on a phased basis.  As such, the Equality Office judged that the Alzheimer Society of Ireland did discriminate against Ms. Feore on the grounds of disability.

The Equality Officer ordered the Alzheimer Society of Ireland to offer Ms. Feore her job back at the Driminagh Centre where she had worked prior to her illness and to pay Ms. Feore €20,000 for breach of rights and stress

Case Title: Irene Feore v Alzheimer Society of Ireland
Case Reference: DEC-E2006-010
Topic(s): Equality, Discrimination (Disability), Long-Term Sick Leave, Change of Role, Failure to “Reasonably Accommodate”
Date: 23/03/2006
Court: Equality Tribunal