LRD guides and handbook May 2013

Law at Work 2013

Chapter 7

Sickness absence and redundancy selection

Employers can legitimately use sickness as a method of selecting for redundancies (see Chapter 11: Selection for redundancy). However, reasonable adjustments to the selection criteria should be considered for disabled employees. (For examples, see Chapter 6: Disability discrimination).

Any award of compensation made by a tribunal in an unfair dismissal claim can be reduced to take account of SSP or Employment and Support Allowance (Morgans v Alpha Plus Security [2005] IRLR 234).