Sickness absence and redundancy selection

Sickness absence can be used as a selection criterion for redundancy selection (see Chapter 11: Selection for redundancy). Measures such as 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 suggests using a range of different criteria.

Disability-related absence should be excluded. See Commissioner for HMRC v Whiteley [2013] UKEAT 0581/12/1005, discussed on page 218. For other reasonable adjustments to selection criteria see Chapter 6: Disability discrimination and Chapter 11: Redundancy).