Redundancy and Disability

With one in eight UK workers estimated to be disabled, employers need to be clued up when it comes to the redundancy rights of those with disabilities.

It can in some instances be harder for people with disabilities to find work, so if they are made redundant and feel they have been wronged, they will be eager to make a claim, especially if they will struggle to find work elsewhere.

It can be extra stressful if your are disabled and facing redundancy, but an employer has a legal obligation to treat you the same as other employees and make what is known as reasonable adjustments to their redundancy procedure to accommodate you, even if your disability is relatively minor.

What the Law Says for Employers

Under the Equality Act 2010 it is unlawful for a firm to discriminate against an employee because of their disability.Your disability cannot be used as a reason to make you redundant and the law will come down hard on any employer that uses this defence.

Your employer must make sure the selection process they use does not put you at a disadvantage in anyway, for example if an employer is using attendance records as criteria for redundancy they cannot hold it against you if you were off sick due to your disability and should not include these days in their assessment.

The same would apply if they base redundancy on an aptitude test but you are unable to complete the test because of your disability, they would have to prove their reason for doing this was valid.

If your employer does use a method to select redundancy that you think unfair they will need to prove that there is a balanced reason for this.

If your employer does offer you an alternative to redundancy they will also need to make sure that the job they are offering you is something that you cannot do because of your disability. For example, if they offer you a job that involves a lot of heavy lifting or movement which is impossible because of your disability you could argue that this is discriminating against you.

Under the Equality Act 2010 an employer must make what is known as “reasonable adjustments” to the redundancy procedure for disabled employees.

If for example they are holding the redundancy interviews in the workplace and you work from home, your employer would be obliged to pay you a home visit to discuss your redundancy, or arrange for transportation to help you get into the office.

If you feel that you have been victimised because of your redundancy you should seek legal help and consider lodging a complaint with an employment tribunal.

Your Obligations to Your Employer

In order for your employer to act fair and reasonable when dealing with redundancy they will first and foremost need to be aware of your disability.

Employers are not allowed to discriminate against you because of your disability so you should not fear telling them about it.There are rules governing when an employer is allowed to ask you about any disabilities, but when they do it is important you are honest.

If you want to make a claim for unfair dismissal at a later date you will have needed have informed your employer of your disability prior to this. It will not work in your favour if you keep your disability a secret.

There is also an obligation from your employer to question your health and if you have taken a number of sick days from work they should make an effort to find out why this is, if it is well known if your workplace that you are disabled your employer will be expected to ask you about this.

Disabled employees should be treated and given the same rights as every other employee when it comes to redundancy. Whether it is pay, tools to do the job or access to work, your disability should not count against you and your employer should adapt their redundancy procedure to cater for you.