Made redundant after coming back from sick leave

irishgal94

Hi,

A friend of mine has been made redundant after coming back from sick leave. They were off for 2 weeks.
They live with two chronic illnesses and this is the second time in the last year they've been off on the sick.
Their company says they are making them redundant due to COVID-19, but nobody else has been told their job is also at risk. 
Is there anything dodgy about this? I have advised them to contact citizens advice as it seems very fishy to me. 

Any advice would be much appreciated. 

Mrsn

Are the chronic illnesses classed as a disability under the equality act?

Also have they worked there for less than 2 years?

irishgal94

Mrsn said:

Are the chronic illnesses classed as a disability under the equality act?

Also have they worked there for less than 2 years?

Yes, one of their conditions is classed as a disability. They've worked there for 11 months.

calcotti

irishgal94 said:

Mrsn said:

Are the chronic illnesses classed as a disability under the equality act?

Also have they worked there for less than 2 years?

Yes, one of their conditions is classed as a disability. They've worked there for 11 months.

Somebody with only 11 months of employment normally has few rights. However if one of the illnesses does indeed count as a disability then the redundancy may be disability discrimination. May be worth discussing with ACAS.
https://www.acas.org.uk/your-rights-during-redundancy/check-your-redundancy-is-fair

RichardBiga

If your employer decides to make you redundant while you are on sick leave, you may qualify to bring a claim for unfair dismissal. Unless your employer can prove there was a genuine redundancy situation and that fair procedures were followed, your dismissal may be found to be unfair.

maisie_cat

If they have only been there for 11 months were they last in? Last in first out is a common way to decide who goes when times are tough and easy to defend