The Employment Appeal Tribunal (EAT) has held in Aleem v E-Act
Academy that it is not a reasonable adjustment to protect pay
permanently when disability means that a teacher can no longer
teach.
The claimant was a science teacher who became unable to teach
due to mental ill health which amounted to a disability. She moved
to an alternative role as a cover supervisor which attracted a
lower level of pay. For three months her pay was protected at the
higher rate, but it was made clear that the pay protection was a
temporary measure during the probation period for the new role.
When the claimant accepted the new role permanently her pay was
reduced to that of a cover supervisor. She then brought a claim for
a failure to make reasonable adjustments on the basis that she
should have continued to be paid at a teacher's pay rate. The
tribunal dismissed her claim and, on appeal, the EAT found that it
was clear that the higher pay for a limited period for particular
reasons
