There has been a steady flow of decisions under the Disability Discrimination Act (DDA) in 2007, but the Court of Appeal's decision in O'Hanlon v Commissioners for HM Revenue & Customs stands out. Since the earlier decision of Meikle there had been uncertainty about whether an employer's duty to make reasonable adjustments could extend to an obligation to pay sick pay to a disabled person over and above their contractual entitlement. O'Hanlon makes it clear that the duty will not normally stretch that far, though there may be exceptions - for example where the employee is off sick solely because the employer has failed to make reasonable adjustments that would have facilitated a return to work.
A decision to look out for in 2008 is Coleman v Attridge Law. This reference to the European Court of Justice (ECJ) is on the question of whether the DDA prevents discrimination by association - ie, less favourable treatment of a non-disabled person because of their links with a person who is disabled. The ECJ has heard the case, but we are still waiting for its decision.
For the O'Hanlon decision click here.