[cml]

Hi All,

We like most of you who employ staff are EO employers. 

We have a cleaner who has lost the use an arm  so under a trial period we team her up with an experienced member to carryout out light tasks such as polishing, damp wiping etc. but she still takes a long time to complete works.  We don't want to seem unfair but we need to complete works on time.  She had a hard time finding work because of her disability.  She was a council cleaner before so no stranger to works carried out.

We are now considering whether to keep her on or if we could make use of her in an administrative role. 

The question is when considering the DDA Act if we terminate her employment it may be deemed to be unfair and if we deploy her else where this may deny another suitable applicant when considering EQ.  What would you do?
 

[J. Deans]

You must do what is right for your business.
Keep accurate records of every reasonable attempt to rectify the situation (and you must make reasonable attempts prior to any dismissal, such as re-training or re-distributing the job tasks etc.)
You only need to show that your business is suffering financially and progressively because a member of staff is unable to carry out work essential to its operations, to warrant dismissal. If no other position is available to the employee, you have no legal obligation to create one.
Consider acts such as the DDA as you would for any other 'employee rights' issue, but don't let it frighten you into NOT taking action that will be to the detriment of your business.

[Bertie Boo]

CML

Why does she no longer clean for the council?

Stephen

[cml]

Left the council and went into full-time educations to study degree in Business & Administration therefore needed part-time work.  However she has found it very difficult to get back into employment and considered whether this was due to her disability.  We thought we'd give her a chance but she moves too slow. 

[Bertie Boo]

Is she slow because of he disability or is she naturally slow.....and does this make a difference in law i wonder  :

Stephen