A recent legal case in Northern Ireland has highlighted just how costly age and disability discrimination can be for employers. A site manager who had worked for his company for over seven years settled a claim for £100,000, supported by the Equality Commission for Northern Ireland.
The case serves as a strong reminder for business owners and managers. Assumptions about an employee’s age or health can lead to serious legal and reputational risks.
What happened?
The employee in this case had worked as a site manager for more than seven years when he suffered two strokes in early 2023, which affected his speech and movement. After a short period of sick leave, he returned to work on a phased basis and requested a reduction in his hours to 30 per week. However, a few months later the company recruited a younger site manager and informed him that his employment would come to an end.
Although he was offered a consultancy arrangement, it came with no guarantee of hours or long-term security. His employment ended in September 2023, and he pursued a case of age and disability discrimination, which was ultimately settled for £100,000.
What employers need to know
Employees with a disability have protection: Under the Disability Discrimination Act (DDA), employees who acquire a disability during their employment are protected. Employers must not assume that a health condition prevents someone from performing their role. Instead, employers are required to consider:
- Reasonable adjustments to working hours, workload, or duties.
- Phased return to work arrangements.
- Open conversations with employees to understand their individual needs.
For more information on Disability discrimination visit here.
Age must not be a deciding factor: Employment decisions such as recruitment, promotion, or termination should be based on skills, capability, and business need, not age. Replacing older employees with younger staff without fair, objective justification can result in claims of age discrimination. For more information on equality visit here.
Communication is key: Many discrimination claims stem from a breakdown in communication. Employers should:
- Keep regular contact with employees returning from sick leave.
- Document discussions about adjustments and working arrangements.
- Train line managers to understand their legal obligations around equality and inclusion.
The cost of getting it wrong
Aside from the significant financial settlement, employers also face:
- Reputational damage, particularly in industries where trust and credibility are vital.
- Employee disengagement, where staff feel unsupported or undervalued.
- Time and resources diverted into lengthy legal proceedings.
How we can help
At BeyondHR, we work with SMEs across Northern Ireland and the UK to reduce the risk of costly claims and build fair, compliant workplaces. Our team of HR consultants can:
- Review and update your equality and anti-discrimination policies.
- Deliver manager training on handling age and disability issues in line with the law.
- Provide practical advice on managing sickness absence and implementing reasonable adjustments.
- Support you with sensitive conversations around health, performance, and workplace capability.
- Help you stay compliant with current legislation.
By taking a proactive approach, employers can protect their business, support their people, and create an inclusive workplace culture that benefits everyone.
Final Thoughts
This case should act as a reminder to all employers that treating employees with fairness, and transparency is not just good practice, it’s a legal requirement.
If you’re unsure whether your policies and procedures meet the legal standard, or if you need support in managing an employee’s return to work, our HR consultants are here to help.
Get in touch today for practical guidance on creating a fair, inclusive, and legally compliant workplace.