Is Permanent Pay Protection A Reasonable Adjustment?

EAT decision adds to established principles on the reasonableness of paying for a role no longer being performed.

The duty to make reasonable adjustments is unique to the protected characteristic of disability and, where it applies, an employer must treat the disabled person more favourably than others in an effort to reduce or remove the disadvantage faced by that individual.

The duty to make adjustments can arise if an employer knows, or ought reasonably to know, of an employee's disability and that person is placed at a substantial disadvantage by an employer's provision, criterion or practice, a physical feature of the employer's premises or where it caused by an employer's failure to provide an aid.