Pay protection a reasonable adjustment
The Employment Appeal Tribunal (EAT) has ruled, in the case of G4S Cash Solutions vs Powell, that pay protection could be counted as a reasonable adjustment in certain circumstances.
Powell, an engineer, developed a back condition that required him to perform lighter duties. Integrated cash management organisation G4S Cash Solutions accommodated this by assigning him to a new role as a key runner. Although the key runner role had a lower rate of pay, Powell’s original salary was maintained.
When G4S Cash Solutions looked to discontinue the key runner role for organisational reasons, Powell raised a grievance and the organisation agreed to make the job permanent, but at the lower rate of pay typical of the key runner role. Powell disputed this, and when an impasse was reached, he was dismissed.
Full details of the case are in the legal pages of the October issue of Workplace Report, LRD’s magazine for union reps and negotiators.