Can I ask to be exempt from redundancy?
Disability does not grant immunity, but it does demand a fair scoring system.
No Immunity
Disabled employees can be made redundant. It is not illegal.
Unfair Scoring
However, the selection criteria must not frown upon your disability.
- Absence: If they score you down for “high sickness”, they MUST discount disability-related absence.
- Performance: If your targets were not adjusted for your disability, using them to score you for redundancy is unfair.
Redeployment
If you are at risk, you might have a priority right to suitable alternative vacancies over non-disabled colleagues (checking the specific case law on this is vital, e.g. Archibald v Fife Council).
Unsure about your specific situation?
Use our interactive tool to check if your request is likely to be considered unreasonable.
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