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Disability: is it a reasonable adjustment to protect pay permanently after a change in role?


The case involved a teacher who became unable to teach due to mental ill health, which amounted to a disability.


They moved to an alternative, reduced, role for a trial period, during which time their pay was protected. On completing the probationary period, their pay was reduced to the level appropriate for the role.


The tribunal dismissal their claim that reducing their pay amounted to a failure to make reasonable adjustments. Their appeal was also dismissed. The case is a reminder that employees are not entitled to continue to be paid a rate of pay for a role they are no longer doing.



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