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O'Hanlon v HM Revenue & Customs - Justification of disability discrimination [2006] EAT

The EAT has held that reducing the pay of a person who is off work can be justified even if the absence from work is a result of the employee suffering from a disability. The discrimination can be justified if it would put those suffering from a disability in a better position than other employees who are off work as, in general (notwithstanding limited exceptions) the purpose of the DDA is to prevent discrimination against disabled employees not to require positive discrimination in their favour.

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