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ARTICLE · 16 JANUARY 2017

Reasonable Adjustments - G4S Cash Solutions v Powell

Withers LLP
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Employers often want to know whether there are any circumstances in which the duty to make reasonable adjustments for disabled employees might extend to adjusting their pay.

United KingdomEmployment and HR

Employers often want to know whether there are any circumstances in which the duty to make reasonable adjustments for disabled employees might extend to adjusting their pay. Previous case law has suggested that the duty to make reasonable adjustments does not usually extend to pay related matters, but in this case the EAT said that there was no reason in principle why pay protection, in conjunction with other measures, could not be a reasonable adjustment. The case also makes an important point about varying a contract when a reasonable adjustment is under discussion.   

Mr Powell worked for GCSU Ltd as an engineer responsible for maintaining cash machines. He developed back problems and, by 2012, was having problems with lifting and working in small spaces. He started work in a newly created role of 'key runner', driving from GCSU Ltd's depot to deliver parts and keys to its engineers. He continued to receive his original engineer's salary for the key runner role

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