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Termination of employment The Department for Work and Pensions (www.dwp.gov.uk) advises that the same arrangements, duties and requirements for termination of employment generally apply for disabled employees as for non-disabled employees. If you are terminating a disabled employee's employment for a reason related to their disability, you will need to be able to justify this. This would involve showing that the reason for dismissal could not be avoided by any reasonable adjustment, for example, where a disability makes it impossible for an employee to continue to do the main part of their job. If you fail to provide justification you may find yourself contravening the Disability Discrimination Act (DDA). You should ensure that your employee has the opportunity to consult with you over their termination. If you dismiss a disabled employee as a consequence of disciplinary action, you have to ensure that the dismissal can be justified and is non-discriminatory. Before taking disciplinary action, you should have fully considered the reasons why the disabled employee might have behaved in the way which has led to the disciplinary action (just to ensure that there is no discrimination which is just due to disability). |