Disability and sick pay
[ch 8: page 298]In general, it is not a reasonable adjustment (section 20, 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 has not been able to return to their previous role and working hours is because the employer has failed to make reasonable adjustments (Nottinghamshire CC v Meikle [2004] EWCA Civ. 859) (see Chapter 7, Reasonable adjustments).