An employee may have a pre-existing disability or develop a disability, which has an impact on their ability to perform their role. However, this is a complex area of law, which is developing all the time. The Equality Act 2010 is the legislation that covers discrimination matters.

Employers are obligated to make reasonable adjustments to enable a disabled person to carry out their role. Adjustments will vary from role to role, but could include use of technological aids, making a role or workplace more accessible, changes to duties, amendments to performance measures, changes to working hours or shifts or increased rest periods. It is extremely wise for employers to seek legal advice to avoid potential disability discrimination.

It is seldom appropriate for you to dismiss an employee for a first breach of performance or attendance standards, unless there are external factors such as a downturn in the economy and the employee does not yet qualify for statutory protection. In most circumstances, an informal meeting may be enough to alert the employee to their poor performance.

However, it is possible that the pharmacy may need to initiate the disciplinary process or go further to measure the capability of the employee. In this case, it is wise to seek advice from a human resources expert.