Sickness absence and redundancy selection 



A worker’s attendance record can be used as a criterion when selecting for redundancy (see Chapter 11: Selection for redundancy). Selection criteria such as attendance can discriminate, 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. 



Union negotiators should argue for disability-related absences to be excluded. It is not always a reasonable adjustment for the employer to be exclude 100% of disability-related absences. The extent of the adjustment depends on the facts of the case.


All pregnancy-related sickness absence should be excluded (see page 225).