Can we offer a disabled employee lower paid work if deemed unfit to fulfil their role?

Posted in : How do I handle it NI on 16 January 2017
Patricia Rooney
Issues covered:

We have an employee who has a disability and have had him assessed by Occupational Health in relation to his ability to continue to carry out his role and responsibilities. Occupational Health has confirmed he is not fit to carry out those duties.  We do, however, have alternative work he could do but that role attracts a lesser salary.  Can we employ him in this alternative role on the terms and conditions and salary that that role attracts? 

It appears from your query that the Company has recognised that your employee suffers from a disability and is, therefore, a disabled person within that meaning under the Disability Discrimination Act 1995 (“the DDA”).  It is good

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This article is correct at 16/01/2017

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Patricia Rooney

The main content of this article was provided by Patricia Rooney. Contact telephone number is 028 9055 3300 or email

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