The EAT rejected a claim that it would have been a reasonable adjustment for a teacher to continue on the same salary long-term, after she became instead a cover supervisor due to mental ill health.

A teacher had a period of absence due to mental ill health. She came back to work three days a week as a cover supervisor. This was normally a lower paid job, but she was paid at her four-day-a-week teachers salary during a probationary period for the new job and then until a grievance process was complete.

After this she continued as a three-day-a-week cover supervisor but on the normal salary for that role. She argued it would have been a reasonable adjustment to remain on the teachers salary.

The employment tribunal considered that the temporary pay protection already provided was a reasonable adjustment. However it decided that – on the facts – it would not be reasonable for the employer to have to provide pay protection permanently, or any longer. Her claim for reasonable adjustments therefore failed. The EAT upheld the tribunal’s decision: Aleem v E-Act Academy Trust (bailii.org).

More detail: Sick pay, pay protection, and Equality Act 2010>Pay protection.