Employment Law

No incapacity if employee cant work night shifts anymore

Not much to add to this. If working night shifts is only one part of the employee’s overall duties and obligations, the employer cant just dismiss for incacpacity if the employee can no longer peform those night duties for medical reasons (but can otherwise perform all their other duties).

This seems so straightforward that one wonders why this ever went to Court.

http://www.lexology.com/library/document.ashx?g=cafb5078-86f1-4768-b8bb-81022ac2a0e6#page=1