header-logo header-logo

06 January 2017 / Spencer Keen
Issue: 7728 / Categories: Features , Employment
printer mail-detail

Time to adjust

nlj_7728_keen

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
The High Court has upheld a rare successful serious-irregularity challenge after an arbitrator relied on an implied term neither party had advanced
Thirty years after The Future of Law shook a profession still using fax machines, its central forecast looks increasingly less like prophecy and more like description
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
back-to-top-scroll