Can I be made redundant while on sick leave in the UK?

Being on sick leave does not give you immunity from redundancy — a genuine redundancy can lawfully include you in a pool of employees at risk, even while you are absent due to illness. Your employer must still follow a fair redundancy process: meaningful consultation, objective selection criteria, and consideration of suitable alternative roles. Excluding you from the process because of your absence would itself be unfair.

The key question is whether the redundancy is genuine. If your employer is using the redundancy process to remove you because of your illness or absence — rather than because the role is no longer needed — the dismissal may be unfair and may also constitute disability discrimination under the Equality Act 2010 (if the illness amounts to a disability, i.e., a physical or mental impairment with a substantial and long-term effect on daily activities).

If your illness amounts to a disability, your employer also has a duty to make reasonable adjustments — which might include offering you a different suitable role, adjusting selection criteria that disadvantage you, or delaying the process to allow you to participate. Failing to make reasonable adjustments is a form of disability discrimination. Seek legal advice promptly if you are placed at risk while on sick leave, particularly if the illness has lasted 12 months or is expected to last 12 months or more.