An interesting case at the Employment Appeal Tribunal has raised the issue of whether the 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 case in question is G4S Cash Solutions (UK) Ltd v Mr A Powell.
After Mr Powell became disabled through a back injury the G4S Cash Solutions gave him work in a new role but maintaining his existing rate of pay and led him to believe that the role was long-term. The following year, however, G4S Cash Solutions said that it was only prepared to employ him in this role at a reduced rate of pay; and when Mr Powell refused to accept these terms he was dismissed.
It was argued by the Claimant that there was a variation of his contract entitling him to work as a key runner at his existing rate of pay. The Employment Tribunal found that there was no such variation. The Claimant cross-appealed on this point. The Employment Tribunal had rejected his case, at least in part, because it considered that an employer was entitled to impose an adjustment on an employee without the employee’s consent. This was an error of law.
However, the Employment Tribunal went on to find that the Respondent was required, as a reasonable adjustment, to employ the Claimant as a “key runner” at his existing rate of pay. The Respondent appealed on this question. The Employment Tribunal had been entitled to reach this conclusion and consequently dismissed the appeal.
