Can you be made redundant if you are off sick?

[saintpeta]

Looks very likely that I will be made redundant soon but am currently off work sick with stress/insomnia - what are the implications for me do I have any rights? I have a feeling they want to get rid of me as I took out a grievance against them and nearly took them to court last year but in the end they settled and paid me off. It's such a stressful/bullying company and thats why I am off work still. Has anyone ever experienced being off sick when redundancy proposals are being made?

[BetsyBoop]

if the redundancies are compulsory they have to specify the selection critera & apply them fairly.

They can use attendance (excluding maternity/paternity absences) "adaptability" to changing business needs & disciplinary records as part of the critera, so long as they treat everyone the same.

that said you may have grounds for constructive dismissal if work caused the stress (unless previous compensation was in full & final settlement) - I'd go back to see your lawyer.