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Disability discrimination: No obligation to continue to pay full sick pay to disabled employee

This report relates to 1 case(s)

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    O'Hanlon v Commissioners for HM Revenue & Customs [2007] IRLR 404 CA (2 other reports)

    • Disability case law update

      Date:
      29 May 2008

      This article looks at recent key disability discrimination judgments, and their implications for employers. Issues considered include discrimination by association, whether or not a failure to consult over reasonable adjustments or to conduct an assessment is, in itself, a breach of the disability discrimination legislation, and the definition of disability.

    • O'Hanlon v Commissioners for HM Revenue & Customs

      Date:
      11 April 2007

      In O'Hanlon v Commissioners for HM Revenue & Customs [2007] EWCA Civ 283 CA, the Court of Appeal has held that failing to pay a disabled employee full pay when on sick leave will not normally breach the duty to make reasonable adjustments.

In O'Hanlon v Commissioners for Inland Revenue & Customs [2007] IRLR 404 CA, the Court of Appeal held that the Disability Discrimination Act 1995 does not require an employer to continue paying a disabled employee whose entitlement to sick pay has been exhausted by disability-related absence.