Can absence due to sickness be used as part of selection criteria for selecting an employee for redundancy or could this be viewed as disability discrimination?

Posted in : First Tuesday Q&A NI on 1 March 2011
Emma-Jane Flannery
Arthur Cox

Absence can be used as part of selection criteria. However, if it is, it is important that the reasons for sickness absence are examined to mitigate the risk of a disability discrimination claim. For example, if an employee has been absent because of disability, you may need to consider adjusting the other criteria to ensure fair application which discounts the effect of the disability upon the employee.

The difficulty here is whether disability related absences should be discounted in full. The Equality Commission’s Disability Code of Practice is ambiguous on the issue of whether disability

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Back to Q&A's This article is correct at 02/09/2015
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The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Emma-Jane Flannery
Arthur Cox

The main content of this article was provided by Emma-Jane Flannery. Contact telephone number is 028 9023 0007 or email Emma-Jane.Flannery@arthurcox.com

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