Sickness absence and redundancy selection

A worker’s attendance record can be used as a redundancy selection criterion (see Chapter 11: Selection for redundancy). This can discriminate against women, who are more likely to have time off due to caring responsibilities, and against disabled workers. To minimise any discriminatory impact, the EHRC says employers should use a range of criteria. 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 244).

All pregnancy-related sickness absence must always be excluded. To take pregnancy-related sickness absence into account when assessing for redundancy would be pregnancy discrimination, in breach of section 18(2), Equality Act 2010. This is likely to include any time spent by pregnant women who are unable to work from home and are shielding in their homes during the Coronavirus pandemic on advice from Public Health England.