Sickness absence and redundancy selection

Sickness absence can be used when selecting for redundancy (see Chapter 11: Selection for redundancy). However, measures like attendance can be indirectly discriminatory, for example, against women, who are more likely to have time off for caring responsibilities. To minimise discriminatory impact, the Equality and Human Rights Commission says that employers should always use a range of criteria.

Disability-related absences should be excluded (Commissioner for HMRC v Whiteley [2013] UKEAT 0581/12/1005). So should pregnancy-related sickness absence and statutory leave for family emergencies (see page 243).