You may be able to challenge a redundancy selection score that penalises disability-related absence or relies on inaccurate medical information. Under the Equality Act 2010, employers must avoid disability discrimination and make reasonable adjustments where required. The correct outcome depends on the scoring method, the reason for the absence, what the employer knew, the available evidence and whether the selection decision can be justified.
Redundancy selection should be based on fair, relevant criteria applied consistently. Acas says an attendance record used for redundancy scoring must be accurate and must not include absences relating to disability, pregnancy or maternity.
If your employer knew about a health condition, received occupational health advice or had been asked to make adjustments, those facts may be particularly relevant. An inaccurate diagnosis or an unexplained decision to count disability-related absence can raise questions about the scoring process and whether the employer complied with its legal duties.
Start by asking for your selection scores, the criteria and weighting, the evidence used to score you, and an explanation of how disability-related absence was treated. Raise any errors in writing and use the employer’s consultation or appeal process where available.
Can you challenge a redundancy score based on disability-related absence?
Yes. You can challenge a score if it is factually wrong, was reached using unfair criteria, or may have disadvantaged you because of your disability. The challenge is stronger when you can identify the exact scoring entry, explain why it is inaccurate or disability-related, and provide documents that support your account.
There are two questions to keep separate:
- Was the redundancy selection fair? For example, did the employer use objective criteria, apply them consistently and rely on accurate evidence?
- Was disability law followed? For example, did the employer count disability-related absence in a way that amounted to discrimination or fail to consider a reasonable adjustment?
A selection process may raise both issues. An employer does not automatically act unlawfully whenever a disabled employee receives a lower score, but it should be able to explain the criteria and how they were applied.
Read the Acas guidance on redundancy selection and the GOV.UK guidance on disability rights at work.
1. Can disability-related sickness absence be included in redundancy scoring?
Attendance may be one of an employer’s redundancy selection criteria, but it must be accurate and lawful. Acas specifically says attendance records used for redundancy selection must not include absences related to disability, pregnancy or maternity.
Disability-related absence can include time off because of illness, treatment, hospital appointments or recovery. Whether a particular absence is connected to a disability depends on the facts and available information.
Where an employer knows, or could reasonably be expected to know, that an employee is disabled, it should consider its duties under the Equality Act 2010. Reasonable adjustments may include excluding some or all disability-related absence from an attendance trigger or recording it separately. The appropriate adjustment depends on the circumstances.
An employee has repeated hospital appointments related to a long-term condition. The employer later gives the employee a lower redundancy score because of the number of days absent. The employee can ask for the attendance calculation to be checked, explain the connection between the absence and the condition, and request that the employer consider whether the absence should have been excluded or adjusted.
Do not assume that every period of sickness absence must always be disregarded for every purpose. The legal question depends on the facts, the type of decision and the employer’s duties. But an employer should not simply treat disability-related absence as ordinary attendance failure without considering the relevant legal and adjustment issues.
2. What if the employer used an inaccurate diagnosis or medical record?
An inaccurate diagnosis or description of your condition can matter if it influenced the selection score, the employer’s understanding of your needs or its decision about adjustments. First, establish exactly what information was used and where it came from.
Ask the employer to identify the record, report or statement it relied on. If it came from occupational health, a manager’s note or an internal absence record, explain which part is inaccurate and provide any relevant correction or supporting document you have.
For example, a record might describe several absences as unrelated short-term illnesses when they were connected to one ongoing condition. Or a manager may have recorded a diagnosis that a medical professional did not make. These are different situations, but both justify asking how the information was checked before it was used in a redundancy decision.
You can ask for the inaccurate information to be corrected or for your disagreement to be recorded alongside it. If personal data is inaccurate, you may also have rights under data protection law to request rectification. Whether a particular entry should be changed depends on the nature of the data and the evidence available.
Keep your request focused on the impact of the error. Explain how the information affected the attendance figure, scoring, assessment of capability or consideration of adjustments. If the selection decision is still ongoing, ask for the score to be reviewed before a final decision is made.
3. Does occupational health evidence make a difference?
Occupational health advice can help show what the employer knew about your condition, how it affected your work or attendance, and what adjustments may have been appropriate. It does not automatically prove discrimination, and the employer must consider the report in context.
Useful documents may include:
- Occupational health reports and recommendations.
- Emails in which you told your manager or HR about the condition.
- Adjustment requests and the employer’s responses.
- Records showing how disability-related absence was coded or recorded.
- Redundancy consultation notes and selection criteria.
If the report recommended adjustments but the employer did not implement them, ask why. If the report was old, unclear or did not address the redundancy scoring method, explain what further information you believe was needed.
An employer is not automatically required to follow every occupational health recommendation exactly. However, it should consider relevant advice properly and assess reasonable adjustments rather than ignoring a known disadvantage without adequate consideration.
4. Which Equality Act protections may apply?
The Equality Act 2010 protects disabled employees from discrimination at work, including in decisions relating to redundancy. Depending on the facts, several legal protections may be relevant.
Discrimination arising from disability
Section 15 of the Equality Act 2010 covers unfavourable treatment because of something arising in consequence of a person’s disability, unless the employer can establish that the treatment is a proportionate means of achieving a legitimate aim. An employer may also have a defence if it did not know, and could not reasonably have been expected to know, that the person was disabled.
For example, a lower score because of disability-related absence may raise this issue. The precise question is whether the treatment was because of something arising from disability and, if so, whether the employer can establish the statutory defence.
Failure to make reasonable adjustments
Sections 20 and 21 concern the duty to make reasonable adjustments and the consequences of failing to comply. If a workplace rule or selection practice puts a disabled employee at a substantial disadvantage compared with non-disabled employees, the employer may need to take reasonable steps to reduce that disadvantage.
Depending on the circumstances, a reasonable adjustment could involve excluding disability-related absence from an attendance score, changing how it is recorded or adjusting the way a selection criterion is applied. There is no automatic entitlement to a particular adjustment in every case; what is reasonable depends on the disadvantage and the circumstances.
Direct or indirect discrimination
Other forms of discrimination may be relevant if the evidence supports them. Direct disability discrimination concerns less favourable treatment because of disability. Indirect discrimination can arise where a provision, criterion or practice puts disabled people at a particular disadvantage and puts the individual at that disadvantage, unless the employer can justify it under the law.
These legal routes have different tests. A low score by itself does not establish that any particular claim will succeed. The wording of the criteria, the reasons for the score, the employer’s knowledge and the effect on the employee all matter.
You can consult the Equality Act 2010, section 15, the provisions on reasonable adjustments in section 20 and section 21.
5. What should you request during redundancy consultation?
Use the consultation process to identify and correct errors before the decision becomes final, where possible. Ask for enough information to understand how the employer reached the score and to make meaningful representations.
- Request the scoring matrix. Ask for the criteria, weighting, your individual scores and the explanation or evidence supporting each score.
- Check the attendance data. Identify the dates and totals used, and flag any disability-related absence that appears to have been counted.
- Challenge inaccurate medical information. Identify the specific statement or record, explain the error and provide supporting evidence where available.
- Refer to occupational health advice. Point to relevant recommendations or earlier discussions about your condition and adjustments.
- Ask for a review. Request that the employer reconsider the affected criterion and explain how it will avoid disability-related disadvantage.
- Keep a written record. Save your requests, consultation notes, responses and any revised scores.
“I would like to challenge the accuracy and fairness of my redundancy selection score, particularly the attendance criterion and the medical information used in the assessment. Some of the absences appear to be related to my health condition, and I am concerned that the information recorded about my condition may be inaccurate.
Please provide the scoring breakdown and the evidence used for the relevant entries. Please also explain how my occupational health information and reasonable-adjustment needs were considered, and review the score before a final decision is made. I can identify the specific records I dispute and provide supporting information.”
6. What evidence should you keep?
A clear timeline and a small set of relevant documents are often more useful than a large, unorganised collection of correspondence. Keep copies of documents you are lawfully entitled to access, and do not take confidential business or other people’s personal data that you are not authorised to retain.
| Evidence | What it may help establish |
|---|---|
| Redundancy scoring matrix | The criterion, weighting and score that you are challenging. |
| Absence records | Which dates were counted and whether the total is accurate. |
| Occupational health report | What the employer was told about the condition and possible adjustments. |
| Emails and adjustment requests | When the employer was informed and how it responded. |
| Consultation notes and appeal documents | What concerns you raised and whether the employer addressed them. |
| Medical or other supporting records | Whether the information used in the score was incomplete or inaccurate. |
Make a dated note of meetings while the details are fresh. Separate what you know from what you suspect. For example, it is more useful to say that a particular absence appears in the matrix and was related to treatment than to state, without supporting evidence, that a manager deliberately manipulated the score.
7. What if the employer refuses to change the score?
If the employer does not address your concerns during consultation, ask for its reasons in writing. If a redundancy decision is confirmed, check whether the redundancy policy provides an appeal and follow the stated procedure promptly.
In an appeal, identify the exact scores you dispute, the evidence that was overlooked, the inaccurate information and any adjustment issue. Explain what outcome you are asking for, such as correcting the data, reconsidering the criterion or reviewing the selection decision. Keep the appeal factual and supported by documents.
An internal appeal can be useful, but it does not replace any legal deadline. If you are considering an employment tribunal claim, check the time limit and the requirement to notify Acas about early conciliation. Under the time-limit changes effective from 1 October 2026, most employment tribunal claims relating to events on or after that date generally have a six-month-minus-one-day time limit; claims relating to earlier events may remain subject to the previous rules. The exact deadline depends on the type of claim and when the relevant events occurred.
Read the current Acas guidance on employment tribunal time limits. Do not assume that consultation, a grievance or an appeal automatically pauses the clock. Early conciliation can affect the calculation where the legal conditions are met, so get advice promptly if the deadline may be close.
8. Common mistakes to avoid
- Challenging the whole process without identifying the error. Point to the exact score, date, criterion or record.
- Assuming occupational health advice automatically decides the issue. Explain which recommendation was relevant and how it was handled.
- Assuming every health condition legally counts as a disability. The Equality Act has a legal test; the condition and its effects need to be considered.
- Waiting until after dismissal to raise obvious scoring errors. Raise them during consultation where possible, without missing any external legal deadline.
- Assuming a long service record guarantees protection from redundancy. Length of service alone does not determine whether a selection decision is fair or discriminatory.
- Relying only on verbal conversations. Follow up important points in writing and keep copies of the responses.
When a redundancy and discrimination evidence review may help
General information can help you identify the issues, but assessing a particular redundancy score often requires the scoring matrix, the redundancy policy, absence records, occupational health documents and consultation correspondence to be read together.
A focused redundancy and discrimination evidence review can help organise the timeline, identify which scores or records need to be challenged, distinguish possible reasonable-adjustment issues from other fairness concerns, and prepare a structured written response or appeal. The strength of any legal argument depends on the evidence and the specific circumstances.
Need help reviewing a redundancy selection score?
If disability-related absence or inaccurate medical information may have affected your redundancy score, consider a document-focused review before taking your next step. The key documents can help clarify the issues to raise and the evidence needed to support them.
Use the current approved WorkRights.co.uk route for redundancy and discrimination evidence review.
Frequently asked questions
Can my employer score me lower for disability-related absence during redundancy?
Acas says an attendance record used for redundancy selection must be accurate and must not include absences related to disability, pregnancy or maternity. You can ask for the attendance calculation and scoring to be reviewed if disability-related absence appears to have been counted.
What if my employer has recorded the wrong diagnosis?
Ask the employer to identify the record it relied on, explain what is inaccurate and provide supporting information where available. Request correction or that your disagreement be recorded, and explain how the error affected the redundancy score or adjustment decision.
Does an occupational health report prove disability discrimination?
No. It may help establish what the employer knew about your condition, its effects and possible adjustments. Whether discrimination occurred depends on the relevant facts, the treatment and the applicable legal test.
What reasonable adjustments can apply to redundancy scoring?
Depending on the circumstances, adjustments may include excluding some or all disability-related absence from an attendance criterion or changing how the absence is recorded. The employer must consider the individual’s disadvantage and what steps are reasonable; no single adjustment is automatic in every case.
Can I challenge my redundancy score before I am dismissed?
Yes. Raise the disputed score and supporting evidence during consultation and ask the employer to review it before making a final decision. If the decision has already been made, check the employer’s appeal process and any legal time limits.
Can I request my redundancy scoring matrix and absence records?
You can ask your employer for the scoring breakdown, the criteria and the information used to assess you. Access to personal data may also be available under data protection law, subject to applicable limits and exemptions. A request does not guarantee access to every internal document in full.
What is the time limit for a disability discrimination claim?
Time limits depend on the type of claim and when the relevant events occurred. For most claims relating to events before 1 October 2026, the usual period was three months minus one day; for most claims relating to events on or after that date, the period is generally six months minus one day. Acas early conciliation may affect the calculation if the conditions are met. Check current Acas guidance promptly.
Does an internal redundancy appeal pause the tribunal deadline?
No. An internal consultation, grievance or appeal does not by itself change the tribunal time limit. Acas early conciliation can pause the time limit in qualifying circumstances, but you should not rely on an internal process to protect your deadline.
This article provides general employment-rights information for Great Britain and is not personalised legal advice. It does not create a solicitor-client relationship. The legal position depends on the facts, the redundancy documents, the evidence and the timing of events. Northern Ireland has a separate legal framework.