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Hello, my name is ***** ***** it is my pleasure to assist you with your question today. did your employee complete an application form and did he disclose this disability on it please.
Yes, he completed an application form, against a general question on whether he had any health issues which may effect his employment he said No. He was employed in February 14 and he told our company in October during an investigation into his grievance.
Good morning, if you are considering dismissing the employee then you must ensure that you do not automatically do so because of their disability. It does not mean that you cannot dismiss them even if they have a disability but there are certain procedures you must follow before you are able to do so. If the dismissal has nothing to do with their disability and you can show that to be the case, then you can still dismiss even if they are considered disabled. The key is that you should not automatically link the dismissal to the disability. So for example if their manic depression is not why you are considering dismissal and they can still do the job even with that condition present, you would not be discriminating against them. If the only reason for the dismissal is their recent injury and that is not connected to their disability you can still go ahead and dismiss based on that as long as you can show that the disability had no influence on your decision. Therefore, in any potential dismissal action you must use only references to their shoulder injury and be clear that this is why you are dismissing, mainly because that injury does not allow them to continue working in their job. Make no mention of the manic depression and be very clear in your mind that you are not taking a decision based on that condition, only on the physical injury that they have suffered.
Hope this clarifies your position? If you could please let me know that would be great, thank you