Disability and sick pay 




In general, it is unlikely to be a reasonable adjustment under the Equality Act 2010 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) unless the main reason why the worker is still off sick is the employer’s failure to implement reasonable adjustments that would have enabled the worker to return to work (Nottinghamshire CC v Meikle [2004] EWCA Civ. 859) (see Chapter 7, Reasonable adjustments).