What claims can an employee make if they don’t receive a pay rise during sick leave, even though they likely qualify as a person with a disability under the Equality Act 2010?

If a disabled employee (as defined by the Equality Act 2010) is denied a pay rise during sick leave while others receive one, it may—depending on the circumstances—lead to claims such as:

- Discrimination or other prohibited conduct under the Equality Act

- Constructive dismissal (e.g. breach of contractual rights or mutual trust)

Possible legal grounds for claims

These situations might fall under:

- Indirect disability discrimination

- Failure to make reasonable adjustments

- Discrimination arising from disability

What do these terms mean?

Indirect discrimination

Occurs when a seemingly neutral rule or policy disproportionately disadvantages disabled people and can't be justified.  

Example: A policy saying “pay rises only for those present at work” might unfairly penalise those on disability-related sick leave.

Failure to make reasonable adjustments  

Employers must make appropriate changes if a rule or procedure significantly disadvantages a disabled person—such as adjusting how pay increases are awarded to avoid penalising illness-related absence.

Discrimination arising from disability  

Happens when someone is treated unfavourably not due to their disability itself but due to its consequences (e.g. frequent absences). If that action can’t be justified and the employer knew (or should’ve known) about the disability, it may be unlawful discrimination.