Anorexia is a disability and people suffering from it are entitled to the protection of equality legislation outlawing discrimination on the ground of disability, the Circuit Court has found.
The court was upholding a judgment of the Labour Court in a case involving a woman suffering from anorexia and a health club which ran a creche.
Ms Niamh Humphreys had been awarded €13,000 by the Labour Court against West Wood Fitness Club for dismissing her in June 2002. She had been working as a child care assistant in a creche run by the club since October 2000. The Labour Court heard that she suffered from anorexia, which developed into bulimia. She was hospitalised on two occasions during her employment, and in December 2001 her condition had stabilised.
However from January 2002 the company became concerned at what it perceived as erratic behaviour by her and issued her with two verbal warnings. She became depressed, and in May sought more time off as she wished to go back to hospital.
The company formed the view that she was a danger to herself and the children in her care. In the letter of dismissal the company wrote: "It is also unsuitable that you would be working in a childcare facility under the present conditions as confirmed by your doctor." The company, which runs centres at Leopardstown, Sandymount and Clontarf, did not obtain any medical or psychiatric advice in relation to her disorder, not did it undertake any form of risk assessment.
Under the Equal Employment Act, an employee with a disability can only be dismissed because of this disability if the employer is satisfied that the employee cannot fully perform his or her duties, and if "reasonable provision" has been made to assist him or her in doing so. According to the Labour Court judgment, this means the employer must conduct enquiries about the full factual position. "At a minimum an employer should ensure that he or she is in full possession of all the material facts concerning the employee's condition, and that the employee is given fair notice that the question of his or her dismissal for incapacity is being considered," it said. "The employee must also be allowed an opportunity to influence the employer's decision."
The Labour Court found that the employer was entitled to be concerned about the suitability of Ms Humphreys working with young children, but said it made no effort to obtain a prognosis or to discuss the situation with her. It therefore awarded her €13,000.
The company appealed the decision to the Circuit Court. There Judge Elizabeth Dunne affirmed the decision of the Labour Court. She awarded costs to Ms Humphreys.