What if you have a disability which affects your work issues?
If your poor performance is as a result of having a disability, or exacerbated by your disability, your employer needs to take into account the protection afforded to you under The Equality Act 2010, otherwise you may have a claim for disability discrimination. Essentially, if disability is a factor in your poor performance, any disciplinary procedures carried out will need to be deemed a proportionate means of achieving a legitimate aim. Your employer will need to provide a good reason for rejecting alternatives to a disciplinary procedure in relation to your poor performance where disability is involved.
Your employer may be under a duty to consider what reasonable adjustments could be made in light of your disability to assist you in improving your performance and before initiating any disciplinary process.
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