Redundancy consultation question - any HR experts around?

[Rollingdownland]

I have been told my role is at risk of redundancy. TBH I think I am in a strongish position, but my colleague who I am up against (and much better than!) has severe mental health issues. Depression, anxiety, EDs, a lot of things, poor girl.

She has said if they try to make her redundant she will say it's disability discrimination and fight them all the way. Honestly I think I am better at the job so if they axe her, that's why. Nothing to do with her issues.

But I get why she is fighting - no one wants to be made redundant.

My question is, is this a strong enough argument? I was feeling pretty confident before but now she's said this I'm kind of worrying that maybe they will get rid of me because I am not disabled. She's not, either, although she has a lot of MH problems. But none of them genuinely count as disabilities - and I say this as someone with a severely disabled child.

I'd love to know anyone's thoughts on this.

Her disabilities will count as disabilities under the equality act so that point is correct.

Any sensible employer in this situation would combine the two roles and have a competitive process to decide who gets the job. O, in the consultation document about redundancy, they publish criteria against which all staff will be scored. Once reasonable adjustments have been made for her in the process, if you come out as the best candidate, she has no claim.
it’s a simple process. Organisations tend to get it wrong when they identify someone for redundancy and someone to stay without going through proper process.
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OK thanks, those are both interesting answers. Thank you.

"Severe mental health issues" would very likely be a disability in law. How does having a severely disabled child make someone else not disabled in your view? I wonder if you realise how offensive that statement you made is?

@Viviennethebeautiful is correct. A process should be determined, and each person at risk assessed in that process. Part of that process will include considering whether there need to be reasonable adjustments made for disability; and whether there are suitable alternative roles available for redeployment.

If she is selected, then she may claim whatever she wishes. It will be down to her to prove such a claim to the required legal standard. Which is not whether you think they are "genuine disabilities" but whether a court thinks they are, and if so the extent to which she can evidence being discriminated against as a result of them.

The selection criteria they intend to use should be shared with you both as part of the consultation before its applied. She may therefore raise something at that stage if she feels it discriminates against her. They can then amend and/or make reasonable adjustments for her as pp stated. If she is ultimately selected for redundancy, if there is no alternative role then she will go. They can't stop her putting in a claim so will just need to ensure they have objective criteria and can justify the decision. I would very much doubt they would choose a person less qualified/experienced on that basis. If they think there is a real risk they may offer her a settlement.

No you are not disable person