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.

Click here for the main performance at work page

Click here for the disability discrimination page

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