Sick pay for disability-related absence

The statutory duty to make reasonable adjustments is unlikely to extend to a duty to pay more generous sick pay to a disabled than a non-disabled worker (O’Hanlon v Commissioners for HM Revenue & Customs [2007] EWCA Civ 283), unless their return to work has been prevented by a failure to make reasonable adjustments (Nottinghamshire CC v Meikle [2004] EWCA Civ 859). For more information on reasonable adjustments see page 172.