Navigating redundancy when you have MS

Here’s what you need to know if your employer is making redundancies, says Rebecca Armstrong

Over in the MS & Work Face book group I have been asked more and more often redundancy and the impact disability might have on this. Redundancy can be a daunting prospect for anyone, but for those with disabilities like multiple sclerosis (MS), the stakes often feel higher. In this column we discuss your rights and what you can do to support yourself.

The legal stance

Firstly, it’s important to answer the main question I get asked – having a disability does not inherently protect you from redundancy. Employers can make employees with disabilities redundant if there is a genuine business need. However, any redundancy process must be free from both direct and indirect discrimination under the Equality Act 2010. Let’s look at what that means.

Direct discrimination

Direct discrimination occurs when someone is treated less favourably because of their disability. For example, if an employer decides to make someone redundant solely because they have MS, this would be considered direct discrimination. Such actions are illegal and can be challenged through appeals and ultimately tribunal.

Indirect discrimination

Indirect discrimination is subtler and happens when a workplace policy, practice, or criterion disadvantages people with a particular disability more than others. For instance, if an employer creates a matrix to select who will be made redundant and this includes absence this could inadvertently disadvantage employees with MS, this could be seen as indirect discrimination. Employers must ensure that any criteria used in redundancy decisions do not unfairly disadvantage disabled employees disproportionately.

Reasonable adjustments

Employers have a duty to make reasonable adjustments to ensure that employees with disabilities are not disadvantaged in the workplace. This duty extends to the redundancy process. For example, if an employee with MS requires extra time to complete tasks due to fatigue, the employer should take this into account and adjust the selection criteria or process accordingly.

Consultation process

The redundancy process should include a fair consultation period. During this time, employees have the right to discuss their concerns and propose alternatives to redundancy. For employees with MS, this period is an opportunity to request reasonable adjustments and ensure that the redundancy process is conducted fairly.

Top tips

1. Know your rights. Familiarise yourself with the Equality Act 2010 and how it protects you from discrimination
2. Document everything. Keep records of all communications and meetings related to the redundancy process.
3. Seek adjustments. Don’t hesitate to request reasonable adjustments during the process.
4. Get support. Engage with support organisations, trade unions, and legal advisors.

While redundancy is never an easy process, being informed about your rights and the protections against discrimination can empower you to navigate this challenging time more effectively. Remember, while having a disability like MS does not provide immunity from redundancy, it does entitle you to a fair and non-discriminatory process. Don’t forget you can always call the MS-UK helpline for support or join the MS & Work Facebook group.