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
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
Already a subscriber?
Click here to login and access the full article.Log in now to read the full article
Don't miss out, start your free trial today!
Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.
Help understand the ramifications of each important case from NI, GB and Europe
24/7 access to all the content in the Legal Island Vault for research case law and HR issues
Ensure your organisation’s policies and procedures are fully compliant with NI law
Receive free preliminary advice on workplace issues from the employment team at Worthingtons Solicitors
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.