Can absence due to sickness be used as part of the selection criteria for selecting employees for redundancy or could this be viewed as discrimination on the disability ground?Posted in : First Tuesday Q&A ROI on 1 March 2011
We would not recommend that an employer use sickness as part of the selection criteria when selecting employees for redundancy as this could be deemed to be discriminatory on the grounds of disability under the Employment Equality Acts 1998 to 2008.
The criteria established for selecting employees to be made redundant should, insofar as possible, be capable of objective justification. Selection criteria to consider would include skills, technical competency, qualifications or training, occupation, experience, future business needs (used on an entirely objective basis), capability and flexibility. All things being equal and with no objective criteria to select one employee over the other an
Already a subscriber?
Click here to login and access the full article.Log in now to read the full article
Don't miss out, start your free trial today!
Are you fully aware of the benefits of Legal-Island's Irish Employment Law Hub? We help thousands of people like you understand how the latest changes in Irish employment law impact your business through a mix of case law analysis and in-depth articles. All delivered right to your inbox.
We help you to understand the ramifications of each important case from Ireland and Europe.
We help you ensure that your organisation's policies and procedures are fully compliant with Irish law.
You will receive regular updates on Irish employment law including case law reviews, legislative changes, topical updates as well as answers to your burning questions through our Q&A feature.
You will have 24/7 access to the Employment Law Hub so you can research case law and HR issues when you need to.
Back to Q&A's This article is correct at 02/09/2015
The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.