Sick pay and disability


The duty under section 20 of the Equality Act 2010 to make reasonable adjustments for a disabled worker does not require an employer to pay better sick pay to a disabled than a non-disabled worker (O’Hanlon v Commissioners for HM Revenue & Customs [2007] EWCA Civ. 283, RBS v Ashton [2009] UKEAT/0542/09/LA). The only exception is where the employer’s failure to make reasonable adjustments prevented a successful return (Nottinghamshire CC v Meikle [2004] EWCA Civ. 859) (see Chapter 7, Reasonable adjustments).