Can you make someone on sick leave redundant?

Q&A

Can you make someone on sick leave redundant?

Employers are sometimes unsure about their rights and obligations when an employee chosen for redundancy is absent on sick leave or workers compensation.

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Can we make an employee redundant who is asbent on sick leave?

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Our business is restructuring and a few roles will be made redundant. One of the roles is held by an employee who has been on extended sick leave.

Are we able to proceed with a redundancy consultation, even though the employee is currently on sick leave? Is the company required to keep the worker employed or can the redundancy still proceed?

A Employees could claim unfair dismissal if the employer doesn't consult with them about the redundancy, or if they are selected for redundancy because of their illness.

The business should dedicate additional time to consult to make sure the employee is well communicated on what their options are and the next steps in the process.
 
You need to be considerate that the employee is on sick leave so this means explore various contact options (including sms). Ask the employee what the best mode of communication is.
 

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