header-logo header-logo

Time to adjust

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

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll