Protecting disabled person's pay may be reasonable adjustment
It has long been established that the purpose of the disability discrimination provisions is to enable disabled employees to play as full a part as possible in the world of work, but not to treat them as objects of charity. The recent case of G4S Cash Solutions v Powell may cause some concern for employers as, apparently contrary to this principle, it was found that pay protection may be a reasonable adjustment.
The EAT found that where a disabled employee is redeployed as a result of their disability that consideration should be given to protecting their pay as a “reasonable adjustment”. Here, the disabled employee was transferred to a role that would attract a lower salary (by 10%) as it no longer required someone with engineering skills.
Whilst this case does not mean that employers are always required to protect a disabled employee’s level of salary, it should be part of the thought process. For organisations, such as G4S, with large resources, it may well be a ‘reasonable’ adjustment to make.
News & Insights
A less restrictive approach?
Our property litigation expert, Emma Humphreys addresses case law in relation to restrictive covenants.
GDPR in the Spotlight: Brexit, data protection and wider considerations
With Britain leaving the EU there remains uncertainty over how the outcome of ongoing Brexit negotiations will impact businesses in the UK
Broadcasters: big targets for hackers and cyber-criminals
Broadcasters were warned that they need to start having internal conversations about the scale of the cyber security threat they face.