Changes to sick pay were not discriminatory

An employer whose sickness policy was changed so that it no longer paid out after a period of sickness absence did not operate so as to treat a disabled employee less favourably, according to the Employment Appeal Tribunal (EAT). The EAT held that the change was not related to the employee's disability but rather to a change in the employer's sickness policies. No evidence had been presented that the disabled employee had significantly more sickness absence than non-disabled workers.

At the same time the EAT held that the payment of sick pay could be a reasonable adjustment made by an employer, to comply with section 6 of the Disability Discrimination Act.

* London Clubs Management v Hood [2001] IRLR 719