The EAT has said it may in individual circumstances be reasonable to allow a disabled employee to retain previous pay for a less skilled job, or even to pay for work not done.

In G4S Cash Solutions v Powell, EAT, 2016 www.bailii.org the employee was moved due to disability into a job which was less skilled, but was initially allowed to retain his previous pay. The employer then sought to reduce the pay.

The EAT upheld the tribunal’s decision that in the particular circumstances the reasonable adjustment duty required the employer to allow the disabled employee to retain their previous pay rate. This was not in principle excluded from being a reasonable adjustment. More detail: Sick pay, pay protection, and Equality Act 2010>Pay protection.

The EAT also said that on a phased return to work it was not in principle excluded that there might be a reasonable adjustment duty to pay for work not done, if the employee has a disability within the Equality Act. See Sick pay, pay protection, and Equality Act 2010>Phased return to work. That would not of course apply if the employee does not have a disability.