Sickness absence and redundancy selection 




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. To minimise discriminatory impact, the Equality and Human Rights Commission says that employers should always use a range of criteria. 




Union negotiators should argue for a redundancy selection procedure that excludes all disability-related absences. Excluding some or all disability-related absence when selecting for redundancy is a reasonable adjustment under the Equality Act 2010. See also Chapter 11: Selection for redundancy.


All pregnancy-related sickness absence must be excluded (see page 206).