When is additional pay a reasonable adjustment for a disabled employee?: Episode 62

In this weeks' episode I bring you the details of a case which has recently been decided by the Employment Appeal Tribunal regarding the requirement to make a reasonable adjustment for an employee who is disabled and who took a different job role, as a reasonable adjustment, which would normally have 10% less pay. Case name G4S Cash Solutions (UK) Limited v Powell

In this episode I will cover:

• The facts of the case and why the employee was arguing for more pay;
• The background to the requirement to make reasonable adjustments for a disabled employee;
• Why it is important to consider what is 'reasonable' in the particular circumstances;
• Why full sick pay is not a reasonable adjustment;
• Why the Employment Appeal Tribunal decided it would be reasonable for the employer in this case to continue to pay at the employees previous rate of pay;
• Why you should take care in deciding what reasonable adjustments should be made for a disabled employee.

Resources

You can read the full judgement for the case here

You can find lots of examples of reasonable adjustments on the Equality & Human Rights Commission Website here

Action Points

1. If you have a disabled employee or someone you suspect could be disabled you need to consider if any adjustments are needed;
2. Seek advice if you are not sure about whether they would be a disabled person for the purposes of the Equality Act;
3. Seek advice about specific adjustments for the circumstances;
4. Give me a call if you want to talk through 023 8098 2006 or 01983 897003

 Remember getting advice from a Solicitor need not be expensive or difficult!