Paying Sick Pay Not Reasonable Adjustment
by Philip
The EAT has held in O’HANLON v. COMMISSIONERS FOR HM REVENUE & CUSTOMS, that paying full pay to an employee is not a reasonable adjustment that has to be made under the Disability Discrimination Act. Mrs O’Hanlon had used up her sick pay entitlement while off work with depression and therefore ceased to receive full pay. She claimed that the only reason for not receiving full pay was her disability related absence and that her employer should, as a reasonable adjustment, pay her full pay. The EAT held that paying full pay is not a reasonable adjustment that the employer was required to make.
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