Can I be made redundant while on sick leave?

Being on sick leave does not protect you from genuine redundancy. If your role is genuinely redundant — the business is restructuring, the workplace is closing, or the need for your type of work has diminished — your employer can proceed with the redundancy process even while you are absent due to illness. You are still entitled to statutory redundancy pay, notice pay, and a fair redundancy process.

However, selecting you for redundancy because of your sick leave, or because of the illness causing it, is highly likely to be unlawful. If your illness constitutes a disability under the Equality Act 2010, selection for redundancy related to that illness could be disability discrimination — a claim with no qualifying period and uncapped compensation. Even where disability is not in play, using sick leave as a selection criterion in a redundancy pool is likely to make the dismissal unfair.

The practical challenge is attending redundancy consultation meetings while unwell. Your employer should make reasonable adjustments — offering telephone or video consultation, postponing meetings if you are genuinely unable to attend, or allowing a representative to attend on your behalf. Failure to make any accommodation could be used as evidence of unfair procedure at tribunal.