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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48193
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Can my employer demote me and reduce my pay due to a reasonable

Resolved Question:

Can my employer demote me and reduce my pay due to a reasonable adjustment request due to my being HIV positive?
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today.

Ben Jones :

How long have you worked there for?

Customer:

since december 2010

Customer:

Your answer took ten minutes to load and you were offline by the time I could reply. £24 I can ill afford wasted...

Ben Jones :

Hi I am still here, you have not lost any money

Customer:

OK thanks, ***** ***** help me?

Ben Jones :

Will your hours be reduced as a result?

Customer:

No. I will work the same weekly hours

Ben Jones :

is it actually necessary to demote you for you to be able to do these new duties which would incorporate the reasonable adjustments?

Customer:

no, i'm an assistant manager in a members club. The manager says he needs some one to assist that can have more flexibility

Ben Jones :

So it is actually possible to implement the adjustments without going through all these changes and demotion?

Customer:

yes, i wiould still be doing the same job

Ben Jones :

ok thanks let me get my response ready please

Ben Jones :

When an employer makes reasonable adjustments they have to ensure that the negative effects on the employee are kept to a minimum. So if it is possible to implement the necessary adjustments without affecting your hours, status, pay etc then that would be expected as an initial step. There may be circumstances when this would not be possible, for example if an employee’s hours must be reduced and that is the actual adjustment being sought and in those circumstances the employer could reduce their pay to reflect the reduced hours they would be doing. However, in your case you have said that you would still be doing the same job and as such there is no reason for the employer to demote you and reduce your pay. They may require more flexibility from someone else but that does not mean you should be ‘penalised’ for it in this way as it could amount to disability discrimination. So you can challenge the employer’s proposed plans, you need to discuss it with them directly at first, if this is not resolved you can consider the grievance route but in the end it may come down to a disability discrimination claim against them, although hat should only be used as a last resort.

Customer:

Many thanks , this is hugely helpful.

Ben Jones :

you are most welcome

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