The Court of Appeal has upheld the decision that an employer is not obliged to pay salary to disabled employees under its duty to make reasonable adjustments. The employee brought a claim arguing that she was disadvantaged by the sick pay rules because she was more likely to have longer absences than someone without a disability. It was held that although the employee was disadvantaged by the sick-pay rules, there was no duty on the employer to increase her sick pay.

Receiving full pay above and beyond the sick pay scheme was considered a disincentive to disabled employees to return to work. Whilst in most cases it may be less favourable treatment, it will be justified. However there may be individual exceptions to this rule and so care should be taken when deciding whether to pay disabled employees sick pay.

O’Hanlon v HM Revenue & Customs