Paying salary as a reasonable adjustment under the DD

The EAT has handed down a decision confirming that it will not normally be incumbent on employers to pay salary to those on long-term sick, who qualify as disabled, as a reasonable adjustment under the DDA 1995.

Reaffirming its earlier decision in O'Hanlon v HMRC, the EAT stated that such an adjustment was not normally reasonable because it would not help the employee return to work. It confirmed that the (seemingly) contrary decision of the Court of Appeal in Nottinghamshire County Council v Meikle should be regarded as a decision on its own facts.

Fowlet v Waltham Forest