Reasonable adjustments and sick pay

Paying extra sick pay, beyond the contractual entitlement, is rarely a reasonable adjustment (O’Hanlon v HM Revenue and Customs [2007] EWCA Civ 283, followed in RBS v Ashton [2010] UKEAT/0306/10).

Paying extra sick pay is likely to be a reasonable adjustment where the disabled person’s absence results from the 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).