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Those employers with generous sick pay schemes may be relieved to read about a recent Employment Appeal Tribunal (EAT) case concerning a disabled employee’s right to sick pay.
In the case of O’Hanlon v The Commissioners for HM Revenue and Customs, a clinically depressed Claimant who had exhausted six months’ full sick pay and six months’ half pay sought to argue that the failure to continue paying her full pay was discrimination under the Disability Discrimination Act.
The EAT held that whilst she was disadvantaged by the rules of the sick pay scheme the employer was justified in maintaining them as paying full pay to all employees in similar circumstances would have a significant cost implication, adversely affect morale and prove to be a disincentive to disabled staff to return to work. The employer had made reasonable adjustments by attempting to facilitate her return to work by offering part-time working and relocation, so as to reduce the stress of commuting, and specifically excluding her from their absence management procedure.
Click here to read the full EAT judgement.
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