Sickness absence and redundancy selection
[ch 8: page 301]A worker’s attendance record can be used as a redundancy selection criterion (see Chapter 11: Selection for redundancy). However, selection criteria such as attendance and sickness absence can discriminate, for example, against women, who are more likely to have time off due to caring responsibilities, or against disabled workers. To minimise any discriminatory impact, the Equality and Human Rights Commission says that employers should always use a range of criteria. Attendance can be one factor among several, but it should not be decisive.
Excluding some or all disability-related absence when selecting for redundancy is a reasonable adjustment under the Equality Act 2010.
All pregnancy-related sickness absence must be excluded.
See also Chapter 11: Selection for redundancy.