I have been suffering from several neuralgic conditions for a number of years and sometimes I feel better and I am off medication; other times the condition is not too bad and the medication is mild and without side effects. At the moment the medication has many side effects and my employer has referred me to Occupational Health and I have been declared as disabled under the Equality Act 2010. The specialist has recommended reduced hours (30 instead of 40 hour per week). Can my employer reduce my salary?
The general consensus is that if the employee would like to adjust their hours, even with Occupational Health recommending it, then the employer only has to pay for the hours worked.
It may depend on other details such as if the employee could still work full-time hours but with other adjustments – such as working from home for the remaining hours. Or where the employee could have worked full time, but the employer didn’t make reasonable adjustments before it got to the stage where the employee has asked to work part time.
The employer would also need to know more about why the reduction of hours has been suggested and if anything else can be done to make work more comfortable without having to reduce hours. If the employee would like to work part time and that is their decision then, yes, the pay will have to be reduced.