O'Hanlon v Commissioners for HM Revenue & Customs

O'Hanlon v Commissioners for HM Revenue & Customs

The employer's sick pay policy, as applied to the appellant, did not amount to unlawful disability discrimination. While the appellant was placed at a substantial disadvantage and suffered less favourable treatment for a disability-related reason, the employer had made reasonable adjustments and any further...

Source-derived case information.

Parties
Appellant: Mrs Kathleen O’Hanlon; Respondent: Commissioners for HM Revenue & Customs
Jurisdiction
England and Wales
Judgment Date
30 March 2007
Procedural Posture
Civil Appeal (employment/disability Discrimination) / Appeal From Employment Appeal Tribunal to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Reasonable Adjustments, Sick Pay Policy, Disability Discrimination Act 1995, Justification of Less Favourable Treatment, Comparators in Discrimination Law
Employment Law Disability Discrimination Reasonable Adjustments Sick Pay Policy Disability Discrimination Act 1995 Justification of Less Favourable Treatment Comparators in Discrimination Law

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Parties

Mrs Kathleen O’Hanlon

Appellant

Commissioners for HM Revenue & Customs

Respondent

Procedural Posture

Civil Appeal (employment/disability Discrimination) / Appeal From Employment Appeal Tribunal to Court of Appeal

Legal Issues

  1. 1 Whether the employer's application of sick pay rules to a disabled employee constituted unlawful disability discrimination under the Disability Discrimination Act 1995
  2. 2 Whether the employer failed to make reasonable adjustments by not extending full pay or disaggregating disability-related absences from other sickness absences
  3. 3 Whether the treatment was justified under the Act

Ratio Decidendi

The employer's sick pay policy, as applied to the appellant, did not amount to unlawful disability discrimination. While the appellant was placed at a substantial disadvantage and suffered less favourable treatment for a disability-related reason, the employer had made reasonable adjustments and any further adjustment (such as indefinite full pay or disaggregation of absences) was not reasonable or required under the Act. The treatment was justified given the policy's structure, the discretion available, and the absence of any individual circumstances warranting further adjustment.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed. No remission to the Employment Tribunal.