CALLING ALL
READERS
We want to hear your employment
law issues. Send us your questions
to feature here next month.
Email: chris.beck@markallengroup.com
Know your law...
The Equality
Act 2010 legally
protects people
from discrimination in the
workplace and in wider society.
It sets out the different ways
in which it’s unlawful to treat
someone in the workplace.
You are clearly mindful of
your duty to make reasonable
adjustments at your workplace
to accommodate this employee.
These adjustments include
changes to his core duties, and
if necessary, the modification
of his participation in either
any disciplinary processes or
performance reviews.
As a first step you should
consider any adjustments
you could make to reduce the
impact of his ADHD during his
probation period. These might
include allowing him to alter his
work pattern to reduce the risk
of distraction and ensure he has
appropriate supervision.
You could also consider
obtaining a medical report to
give a clear view of the impact
the ADHD has on his behaviour.
Despite these adjustments,
you may feel that more formal
disciplinary or performance
management may be required.
You need to consider what
adjustments you may need to
take to ensure a fair process.
These could include a longer
review period between warnings.
In addition, you could allow him
to be accompanied by a support
worker, rather than the usual
Trade Union representatives
and/or colleagues.
The hearing may need to be
recorded rather than noted to
enable the employee more time
to consider the allegations and
concerns. It is very important
that all parts of the process are
carefully considered.
You must follow the correct
policies in case the employee
later disputes their treatment
and brings a disability claim
against the company. This
is particularly important
as damages for disability
discrimination are unlimited.
Our finance team has paid
some employees the
wrong salary. Most notably,
one of our maintenance team
has received the CEO’s salary.
Can we ask her to return the
accidental overpayment, or is
she free to keep that cash?
No deduction from an
employee’s wages can be made
unless it is required or permitted
by a statutory or contractual
provision and/or the employee
has given their prior written
consent to the deduction.
Fortunately, these restrictions
do not apply to deductions
made in order to reimburse the
employer for any overpayment
of wages or expenses. In short,
you can ask the member of staff
to return the money.
You should check her contract
of employment and/or company
handbook to find out whether it
provides the process by which
under- or over-payment of
salaries can be resolved.
If there is no contractual
provision dealing with the
overpaid wages the best solution
is to discuss the issue with the
worker that has been overpaid
and try to agree a solution.
Once you have agreed how the
money will be repaid you should
document the agreement in
writing to prevent any disputes.
If the overpayment has been
occurring over a period of time
and the overpayment figure is
fairly significant it may not be
possible for this all to be paid
back in one go without causing
hardship to the employee.
The overriding obligation
upon the employer to behave in
a reasonable manner towards
the employee still applies so a
schedule of repayments may
need to be agreed.
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