Case Notes Employment Law

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  Case Notes Nicholas Sheridan – Ref NS1 Background I had a meeting today with Nicolas Sheridan Tuesday the 5th of October 2013. Nicholas is in full time permanent employment with Home Securities. He made an appointment today in relation to concerns he has about his job security with his employer “Home Securities”.

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Nicolas talked me through his work, his duties and the hours he works. He brought to my attention his working conditions and his working environment. As a result of his environment and excessive working hours he has had to seek medical help in dealing with theses issues and subsequently has been diagnosed as suffering with depression and anxiety. He believes this can be attributed to his working conditions and the excessively long hours he works mostly by himself. He mentioned he has to put in the extra hours on a regular basis over and above what his contract states. Nicholas mentioned that due to the recent diagnosis of depression he has had to take several weeks off work to recuperate and he is concerned as his employers do not appear to be happy with the amount of time he has had off. As Nicolas has been diagnosed with depression this is classed as a disability. Under the “Employment Equality Acts [1998 – 2011]” it details in “Section (a) For the purposes of this Act, a person who has a disability shall not be regarded as other than fully competent to undertake, and fully capable of undertaking, any duties if, with the assistance of special treatment or facilities, such person would be fully competent to undertake, and be fully capable of undertaking, those duties”

  1. “An employer shall do all that is reasonable to accommodate the needs of a person who has a disability by providing special treatment or facilities to which paragraph (a) relates.”

Based on this his employer will have to put Nicolas back on day shifts and reduce the amount of hours. It cannot be deemed as unreasonable to work on the day shift to accommodate his illness since there are day shifts available. Nicolas mentioned there are companies they work for where two or more security guards are required so he could be put on a shift where he is not isolated.

  1. “A refusal or failure to provide for special treatment or facilities to which paragraph (a) relates shall not be deemed reasonable unless such provision would give rise to a cost, other than a nominal cost, to the employer.”

There should be no cost to the employer to put Nicolas on day shifts and reduce the amount of hours he works and to put him on a shift where he works with other security guards.

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