Reasonable Adjustments: Episode 62

Equality Act

When is additional pay a reasonable adjustment for a disabled employee?

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!


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The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.

The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.

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