Equal opportunities and managing diversity

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Equal opportunities and managing diversity - the law and associated concepts

David Portner has worked for Roygbiv Solutions - a multinational consultancy - as a software programmer for five years. After a seizure in the workplace, David was diagnosed with epilepsy. Since this initial seizure, Tom has experienced several sleep seizures and chose to take unpaid sick leave for a month. As a result of his seizure, David has had his driving licence suspended and is unable to drive for a period of at least one year. Having tried various medications, David's doctor is now confident that his epilepsy is manageable and David has decided to return to work. However, David has now been informed that that he has been summarily dismissed by Roygbiv on the grounds of capability. His line manager indicated to David that this was because he was now unable to drive to client sites as a required part of his role. Prior to his seizure, David had been required to drive to a client an average of three times a year.

  1. What are the pertinent issues in this case regarding the lawfulness of David's dismissal?

Reference no: EM133025689

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