Indefinite pay protection for a disabled employee who moved roles would not have been a reasonable adjustment.

The facts

Mrs Aleem was a science teacher at a state school.  Because of a mental ill health condition amounting to a disability, she became unable to continue in her teaching role and had significant periods of sickness absence. She returned to work as a cover supervisor, a role which attracted a lower rate of pay. However, she continued to be paid at teachers’ rates temporarily while she tried out the cover-supervisor role for a three-month probation period, and then until a grievance and grievance appeal had run their course. Occupational Health then reported that Mrs Aleem was long-term unfit to return to her teaching role but was fit to carry out the cover supervisor’s role. She accepted an offer to continue in that role going forward at the lower rates applicable to that role. 

Mrs Aleem brought various claims in the employment tribunal, including a claim of failure to make reasonable adjustments, arguing that it would have been a reasonable adjustment to continue to pay her at the higher rate of pay applicable to teachers, even though she had changed role.  The tribunal dismissed her claim, and she appealed to the EAT. 

The EAT agreed with the tribunal, considering that the tribunal had properly concluded, in light of its findings of fact, that it was not reasonable to expect Mrs Aleem’s employer to continue to pay her at the rates associated with her former teacher’s role once the probation period and grievance processes had been completed. The tribunal was not wrong to take account of the significant additional cost that would be involved in continuing to pay Mrs Aleem.  Relevant to this were the findings that the school was publicly funded and under financial pressure.

What does this mean for employers?

This decision is consistent with existing case law.  It will be rare for an employer to be required to maintain a disabled employee’s pay indefinitely if they need to change roles.  The tribunal did consider that it was a reasonable adjustment to maintain Mrs Aleem’s pay during the probation period for the new role and while her grievance was ongoing, and employers should therefore consider doing so in appropriate cases.

Mrs S Aleem v E-Act Academy Trust Limited