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O'Hanlon v Revenue and Customs Comrs
''O'Hanlon v Revenue and Customs Commissioners'' () (EWCA Civ 283 ) is a UK labour law case concerning disability discrimination.
==Facts==
Mrs O'Hanlon had clinical depression. She had absences from work at the Inland Revenue because of her disability, but also some from unrelated sicknesses. She was paid according to the employers' sick pay rules, that full salary would be given for a maximum of six months and then half pay for a further six months up to a maximum of one year in any four-year period. After that the pension rate of pay would be given. Mrs O'Hanlon argued these rules amounted to discrimination under the DDA 1995 s 3A(1) because the Revenue were failing to pay her fully for illness connected with her disability. Further, she argued that this was breaching the duty to make reasonable adjustments (s 4A). A reasonable adjustment, she suggested, would be full pay after the usual six-month period expired.
The tribunal held that she was not less favourably treated than others and in any case disparate treatment would have been justified since the cost of changing sick pay policy would have been excessive. Furthermore, although Ms O'Hanlon was at a disadvantage because of the sick pay rules, the employers had taken reasonable steps by reducing her hours and transferring her to an easier location (from Welwyn Garden City to Hertford) to commute from after her return. The Employment Appeal Tribunal dismissed her appeal. Mrs O'Hanlon appealed again.
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