Representation:-

as a general rule it is lawful for an employer to apply the normal salary reduction provision in its standard sick pay policy to an employee whose is absent from work because of a sickness which amounts to a disability. Although the reduction in salary in such circumstances will generally be discrimination for purposes of the Disability Discrimination Act 1995 the discrimination will generally be justified, as it was in this case, and therefore will not be unlawful discrimination. Further, the duty on an employer under Disability Discrimination Act 1995 s.4A to make "reasonable adjustments" to accommodate disabled employees does not require payment of full salary in such circumstances.

For relevant general notes see Disability discrimination/justification and/or Disability Discrimination/reasonable adjustments and/or at Illness, sickness and accidents/pay during absence for .