Sickness absence and redundancy selection

An employee’s attendance record can be used as a redundancy selection criterion (see Chapter 12). However, this can be discriminatory and the Equality and Human Rights Commission (EHRC) advises that employers should use a range of criteria to minimise any discriminatory impact. Attendance can be one of several factors, but it should not be decisive.

Excluding some or all disability-related absence when selecting for redundancy can be a reasonable adjustment (see page 221).

Pregnancy-related sickness absence must always be excluded since this will amount to pregnancy discrimination, in breach of section 18(2), Equality Act 2010 (see “Pregnancy-related sickness absence”, above).