Redundancy whilst sick

[StevePil]

Hi All

Wonder if someone can help me, my mate has worked for same company for 6 years and always been a good worker, he has received employee of year twice.

His company have been going through real difficult times, and recently he took some compassion leave for 2 days, and now has broke his arm and can not work for 2 months, he needs it pinned, his manager has told him to take the time off.

He has now heard that he is being lined up to be made redundant, he is in a team of 5, and they need to lose 1 and he is the one, his view is the decision is based on him being sick.

Can they do this? I am a TL myself and realise you need to provide the notice period aswell as compulsory redundancy payment, and provide them with notice so they can apply within the company for other work etc, however it does sound unfair that he is to be made redundant because he is sick when he has had nothing but good feedback from his job and manager,

Some people have short memories!

Any help would be appreciated

Thanks

[factor-fiction]

Have they said it's because he was off sick? I think the company will be able to find a rationale to defend its choice and if the company can show it has followed a fair procedure I don't think there's much he can do. Whether it can explicitly use sickness I don't know-buildersmate will know.

[Twenty20]

A poor attendance record could be taken in to consideration, but I would imagine it wouldn't be the only criteria.

Has he actually been told he is being made redundant or has he just been told he is at risk?

He can ask what criteria were used and appeal if he thinks its unfair. But, having said that, most people will think it's unfair that's its them that have been chosen and not someone else, that's just human nature.

He should ask what the criteria were.