A past ruling by the Workplace Relations Commission (WRC) highlights the dangers of failing to properly accommodate workers with disabilities. A design engineer with over 30 years’ experience was awarded €15,000 after being discriminatorily dismissed due to his severe speech impediment.

Dismissed for a "Communication Issue" Despite Good Work

The engineer joined an agricultural machinery firm in August 2016 and was open from the outset about his severe stammer. Less than a year into the role, he was told by his manager:

“We’re parting company. It’s not working out.”

Confused, the employee questioned the reason, only to be told:

“Your designs are good, it’s the whole communication thing. I need someone who can communicate with the dealers and customers.”

This, despite there being no formal warning, no performance concerns raised previously, and no indication that the employer was dissatisfied with his work.

WRC: Termination Was More About Disability Than Performance

WRC adjudication officer Ray Flaherty concluded that, on the balance of probabilities, the man’s dismissal was more connected to his disability than any documented performance issues.

Although the employer argued it had tried to accommodate the worker with assistive technology (a text-to-speech app on an iPad), the engineer explained that it was impractical in real-time workplace settings, as it was far too slow for effective communication.

The WRC found that the employer failed to properly investigate or provide reasonable accommodation, as required under the Employment Equality Acts.

Key Evidence Undermined Employer’s Defence

A pivotal piece of evidence came in the form of a text message from another member of management, sent to the engineer after learning of his dismissal. It read:

“I’m shocked, genuinely. I’m at a loss to understand their reasons. I always said you were getting on great when asked.”

This message supported the employee’s claim that he had not been underperforming and cast serious doubt on the credibility of the employer’s justification for his dismissal.

What This Means for Employers

This case is a clear reminder of the legal obligations on employers to ensure that employees with disabilities are treated fairly and provided with appropriate support.

• Disability Discrimination Applies to Stammers and Other Hidden Conditions

A stammer, while not always visible, qualifies as a disability under Irish equality law. Dismissal linked to a disability without clear and fair process is likely to be discriminatory.

• Reasonable Accommodation Is Not Optional

Employers are legally required to explore and implement reasonable accommodations to help disabled employees perform their roles. If one solution (like assistive technology) is impractical, alternative supports should be considered in consultation with the employee.

• Investigate, Document, and Communicate Clearly

In this case, the employer failed to formally raise concerns, provide opportunities to improve, or issue warnings. Decisions to terminate should be supported by evidence, fair procedures, and clear communication, not made abruptly or informally.

• Performance and Disability Must Be Clearly Distinct

It is unlawful to attribute poor performance to communication difficulties without a clear distinction between what is performance-related and what stems from a disability. Employers must be especially cautious when communication is a job requirement.

• Culture and Sensitivity Matter

This engineer’s dismissal appeared not only abrupt but insensitive. A genuine, inclusive workplace culture would have approached the situation with understanding, consultation, and structured support.

Final Thoughts

This ruling shows that good intentions are not enough. Process, documentation, and meaningful accommodations are essential. Failing to comply with disability legislation can lead not just to financial awards, but reputational damage and loss of employee trust.

At ESA, we help organisations review their equality practices, develop robust reasonable accommodation policies, and train managers to navigate these challenges legally and compassionately.

If you're unsure how your organisation would handle a similar situation, get in contact with us on (01) 877 4608.