Can an Employee on Long Term Sick Leave Still be Considered for Redundancy? What Precautions Should Employer Take?

Posted in : First Tuesday Q&A NI on 2 September 2015
Emma-Jane Flannery
Arthur Cox

Yes, they can still be considered, subject to a number of qualifications. In addition to establishing a legitimate reason for redundancy and adhering to the usual requirements of a fair redundancy procedure, you should ensure that, at every stage of the process, reasonable adjustments are made to take into account the employee’s illness and absence. Failure to do so might risk a finding not only of unfair dismissal, but also of disability discrimination. 

There are certain general steps which you should consider adopting in such circumstances: 

  • Regular and transparent communication

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Back to Q&A's This article is correct at 08/10/2015
Disclaimer:

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

View all articles by Emma-Jane Flannery