Spencer Keen explores the limits of the duty to make reasonable adjustments for disabled employees
- The duty to make adjustments requires an employer to take steps to avoid a disadvantage caused to a disabled employee by any of its provisions, criteria or practices.
Is a disabled employee who is transferred to a new role because he is unable to perform the old one entitled to keep his original salary even though the salary for his new role is normally lower? This was the difficult question the Employment Appeal Tribunal (EAT) has tasked with answering in the case of G4S Cash Solution Ltd v Mr Powell UKEAT/0243/15/RN. The EAT’s answer leaves employers more vulnerable to employee’s claims for additional pay (including sick pay) than was previously the case.
The facts
G4S was in the business of replenishing and maintaining cash machines. It employed engineers for this purpose. Mr Powell was employed as an engineer when he began to experience a problem with his lower back which led to him becoming unfit to perform jobs involving heavy lifting or working in confined spaces. He met
