In G4S Cash Solutions (UK) Ltd v Powell the EAT has confirmed that he duty to make reasonable adjustments for a disabled employee can extend to continuing to pay a higher salary when an employee is moved to a lesser role. The Claimant had been moved from an engineering role maintaining cash machines to a less skilled ‘key runner’ role. After initially having his pay protected, the Respondent proposed reducing the Claimant’s pay by around 10%, dismissing the Claimant when he refused the pay cut.
The EAT found no reason in principle why the duty to make reasonable adjustments would not extend to protecting an employee’s pay (along with other measures) to counter a disabled employee’s disadvantage. The question will always be whether it is reasonable for an employer to have to take that step to avert a disabled employee’s disadvantage. However, the EAT did not expect that requiring employers to make up pay would be an ‘everyday event’ for tribunals.