During our recent webinar on Reasonable Adjustments, we received several questions via the chat facility. Here are our outline answers.
Yes, but care should be taken in how this is handled to minimise the risk of any claims.
Before making any change, the employer would need to be confident that it is no longer reasonable for it to continue to make the adjustment. The courts have accepted that the duty to make reasonable adjustments is not a general duty to assist a disabled person and that, as a general rule, it is not a reasonable adjustment to pay an employee for work that has not been done – the only exception may be where the employee’s inability to work full hours is due to the employer’s prior breach of the duty to make reasonable adjustments.
What has been said to the employee? Was it made clear to them at the outset that the adjustment was intended for a temporary period? If so, this should hopefully make it easier from a practical point of view to make the change, as the employee has clearly benefited from the employer’s mistake and should not take issue when the arrangement comes to an end. Was it genuinely an oversight (as in, nobody thought about it) or did someone make a deliberate but erroneous decision to keep the arrangement going, and if...
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