Reasonable adjustments and sick pay

Treating a disabled employee more favourably than non-disabled staff by paying extra sick pay will rarely be a reasonable adjustment (O’Hanlon v HM Revenue and Customs [2007] EWCA Civ 283, followed in RBS v Ashton [2010] UKEAT/0306/10). The only time when paying extra sick pay is likely to be a reasonable adjustment is where the disabled person’s absence results from an employer’s failure to make the reasonable adjustments that would have enabled the employee to return to work (Nottinghamshire County Court v Meikle [2004] IRLR 70). Even so, this should not discourage reps from trying to negotiate enhanced sickness absence and sick pay policies for disabled workers.