UK Disability Rights · 2026
What are my rights as a disabled employee in UK redundancy?
Legal basis
Equality Act 2010 ss.13, 15, 19, 20, 39; Employment Rights Act 1996 ss.94-98 (unfair dismissal), s.139 (definition of redundancy); TULRCA 1992 s.188 (collective consultation); ACAS Code; case law including Williams v Compair Maxam (selection criteria), Dunn v Secretary of State.
Your rights
Selection process must be non-discriminatory: criteria must not directly or indirectly disadvantage disabled people without objective justification. Disability-related absences typically excluded from attendance scoring (reasonable adjustment). Right to alternative employment consideration with reasonable adjustments. Right to be informed and consulted. Right to appeal. Statutory redundancy pay if 2+ years' service. Right to written reasons (statutory at 2 years' service).
Employer obligations
Use objective, non-discriminatory selection criteria; if attendance/performance scoring used, exclude disability-related elements (likely reasonable adjustment); consult genuinely about alternatives; consider all alternative roles with reasonable adjustments; provide statutory redundancy pay; maintain confidentiality of disability information during process.
Practical actions
1) Review the selection criteria carefully — challenge any that are likely to disadvantage you due to disability (attendance, certain performance metrics, flexibility scoring). 2) Submit a request that disability-related absences/effects be excluded from your scoring. 3) Apply for ALL alternative roles available, mentioning reasonable adjustments. 4) Engage actively in consultation — silent attendance is bad strategy. 5) Document procedural failures. 6) If selected for redundancy, appeal internally citing disability discrimination + procedural failures. 7) ACAS conciliation within 3 months less 1 day. 8) Combined EqA + unfair dismissal claim if 2+ years' service.
If your employer refuses
Combined claim under EqA s.13/s.15/s.19/s.20 + unfair dismissal (if 2+ years). Particularly strong if attendance scoring penalises disability-related absences (s.15 + indirect discrimination s.19) or if reasonable adjustments not considered for alternative roles (s.20). Awards uncapped under EqA; tribunal often combined claims producing settlements £25k-£80k+.
Worked example
Hannah (4 years' service, multiple sclerosis) was placed at risk of redundancy in a restructure. Selection matrix scored her low on 'flexibility' (her MS limited her ability to travel) and 'attendance' (her MS absences scored badly). She raised in writing: (a) attendance scoring including disability-related absences is s.15 discrimination + s.20 failure to adjust; (b) flexibility scoring penalising her is s.15; (c) she was a comparator for non-disabled colleagues whose attendance was actually worse (raw absence days) but who scored higher because their absences weren't disability-related (so were excluded). Employer reviewed; her score increased; she was retained while a non-disabled colleague with worse raw attendance was selected.
Recruiter pro tip
The most powerful disability redundancy challenge is on selection criteria including absence scoring. The maths: a disabled employee with 30 days' disability-related absence often scores worse on attendance than a non-disabled employee with 15 days' general absence. This is classic indirect discrimination unless employer can objectively justify it (rarely possible). Always request the full anonymised pool scoring matrix during consultation; calculate whether your disability-related elements have skewed your relative score; raise this in writing during the consultation process, not after termination.
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