Facing redundancy as an employee with a disability is incredibly challenging. Not only do you have to cope with the insecurity that comes with losing your job, but you need to make sure your needs are respected throughout the redundancy process.
When you know how to make sure the process is fair, and how disability laws can help you, it is much easier to cope with the redundancy itself, transforming the redundancy into an opportunity for professional growth.
How to know that your redundancy is fair
If you have been discriminated against in the redundancy selection pool, you might be able to challenge the redundancy. According to the Equality Act 2010, your disability cannot be the reason you are made redundant. If you can show evidence of discrimination, you can claim unfair dismissal, irrespective of how long you have been employed.
The criteria your employer uses for redundancy selection must be objectively measurable – for example, through disciplinary records or length of tenure. If your employer makes a judgement based on performance, they need to show how they will measure it, as well as adjusting the criteria to take your disability into account.
How do you identify discrimination?
It can be difficult to identify discrimination, as it is not always obvious. If the criteria for redundancy are more likely to affect you because of your disability, you are the victim of indirect discrimination. An example of this is being made redundant because of the amount of sick leave you took.
It’s important to know that, despite your circumstances, you are not immune from redundancy. If your employer can prove that selecting someone else from the redundancy pool will harm the business, they can justify discrimination as a ‘proportionate means of achieving a legitimate aim’. This is especially true if they show how they have previously made inclusive adjustments for you.
Knowing this can be difficult, as you have no control over your disability. This is why it is important to engage closely with your employer throughout the redundancy process, making sure you are supported as much as possible.
What reasonable disability adjustments can be made to the process?
If your employer does not make reasonable adjustments to the redundancy process, you are also a victim of discrimination, and you are entitled to challenge the redundancy.
You do not have to tell anyone that you are disabled to be protected by this, although direct communication with your employer might help to avoid any miscommunication. Ultimately, if your employer could reasonably know that you are disabled, they must make reasonable adjustments.
There are many ways that the process can be adjusted to be inclusive of your disability, and you can recommend changes yourself. For example, you could ask for documents to be provided in alternative formats, or you could request adjustments to the consultation arrangements. Having conversations to explore the available options is important, and you might want to consult with a professional for further advice.
Redeployment and your right to reasonable adjustments
Redundancy is a lengthy process, and it is common to discuss alternative resolutions, such as redeployment. This is where you could be moved to a different role or department within your organisation.
Redeployment can also be challenging if the necessary reasonable judgements are not made for you. Redeployment often involves moving to a new office location, and for many disabled people this relocation isn’t possible. There may be a lack of accessible features on the new site, such as no step-free access. The new location could also be too far to commute to.
In these cases, you have every right to refuse redeployment. You could suggest alternatives to redundancy that are not redeployment, such as a reduction in hours or pay.
Coping with life after being made redundant
When you’re made redundant, life can seem uncertain. As someone with a disability, looking for work can feel overwhelming, as you can feel dismissed by potential employers because of your disability. By understanding everything that you are entitled to, and by prioritising your wellbeing, it’ll be much easier for you to cope with the redundancy.
You can claim the New Style Employment and Support Allowance to support you, by giving yourself the opportunity to find ways to cope during this challenging time. Try to use the redundancy to explore new pathways, grow as a professional, and maximise your potential in every way.
Good luck in your journey.
UNVAELD
Making workplaces work better
Useful links
Redundancy help, UNVAELD
https://youtu.be/iwmbxdx8aBA?si=95qnJPv2kTXM02ry
Professional help, UNVAELD
https://unvaeld.com/professional-help/
Your redundancy rights
https://www.scope.org.uk/advice-and-support/redundancy-rights
Help with asking for changes to support your needs
Information on how to deal with discrimination
Help with challenging your redundancy
Legal support for people with disabilities
Disability rights resources
