Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
Please can you provide some more information on the circumstances and explain the situation in some more detail?
Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.
Many thanks for your patience. If an employee is disabled under law they will have relatively strong protection under the Equality Act 2010. Apart from the general protection that they should not be treated detrimentally because of their condition, the employer also has a duty to make reasonable adjustments if they will be placed at a substantial disadvantage.
What amounts to ‘reasonable adjustments’ can have a wide interpretation and often depends on the individual circumstances of the employer, their business, the potential impact on other employees, the available resources, etc. Whilst legislation does not currently provide specific examples of what adjustments can be made, the following are examples that have been considered reasonable in case law over time:
In this case the reasonable adjustment should be to move you to the other role without your status or pay being affected.they can only demote you or reduce your pay if they had the contractual right to do so. If they did not, it can amount to a breach of contract and potential disability discrimination.
Does this answer your query?
No they should not do that because it would amount to unfavourable treatment because of the disability. Hope this clarifies?