The Disability Discrimination Act 1995, reasonable adjustments, sick pay, and what makes a dismissal for illness potentially fair.
Employees in Northern Ireland with a mental health condition who are off sick, have had absences, or fear they will be dismissed because of it.
The Disability Discrimination Act 1995 defines a disabled person as someone with a physical or mental impairment which has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities. Ask the Equality Commission for Northern Ireland if you are not sure whether your condition meets it.
An employer has a duty to make reasonable adjustments for an employee with a disability who is at a substantial disadvantage compared with people who do not have a disability. Failing to meet the duty cannot be justified and is always unlawful.
From 6 April 2026, statutory sick pay (SSP) is paid from the first full day of sickness absence. This applies in Northern Ireland as well as in Great Britain. It is £123.25 a week, or 80% of your normal weekly earnings if that is lower.
An employer can dismiss because an employee is no longer capable of doing the job because of illness. For the dismissal to be potentially fair, the employer must regularly communicate and consult with you, take appropriate medical advice, consider the effects of the absence on the business, consider alternatives to dismissal, and, if appropriate, take account of reasonable adjustments under disability discrimination law.
In Northern Ireland you need at least 1 year of continuous employment to claim ordinary unfair dismissal. A discrimination claim needs no minimum length of service.
Before most claims you must notify the Labour Relations Agency (LRA). Early conciliation through the LRA is free. If you notify the LRA within your time limit, the clock stops for up to 1 calendar month while conciliation takes place, plus up to 14 more days if both sides agree.
Being treated badly and having a protected characteristic is not enough on its own. The industrial tribunal asks why the employer acted, and the characteristic must be part of the reason. It does not have to be the only or main reason, and it can count even if the employer did not realise it, but it must be more than a trivial part.
Proof: you first need facts from which the tribunal could decide there was discrimination if there were no adequate explanation. If you have those, it is then up to the employer to prove it did not discriminate. Reasonable adjustments are different: they are about removing a disadvantage, not the employer's motive.
Labour Relations Agency (LRA): 03300 555 300. Early conciliation, and free, confidential and impartial advice on employment rights.
Equality Commission for Northern Ireland: 028 9050 0600. Enquiries about equality or discrimination at work.
Advice NI: 0800 915 4604
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