Can you be made redundant while off sick after an accident?

Updated: 4 Oct, 2025
By Chris Salmon

If you are off work after an accident, you may be concerned about your job security. Many people worry that taking time off sick could make them more vulnerable to redundancy. While the law offers some protection, it is possible to be made redundant while on sick leave, but only in specific circumstances.

At a glance

• You can be made redundant while off sick, but only if the redundancy is genuine.
• Your employer must follow a fair redundancy process and cannot discriminate.
• If redundancy is linked to your accident or disability, this could be unlawful dismissal.

What counts as a genuine redundancy?

Redundancy is considered genuine if your role is no longer needed. This could happen because:

• the business is closing down
• there is less need for the type of work you do
• the business is relocating

If your employer is making you redundant simply because you are off sick, this would not be a genuine redundancy and could amount to unfair dismissal.

Fair process during redundancy

Employers must follow a fair redundancy procedure, which includes:

• consulting with you about the redundancy
• using fair selection criteria
• considering suitable alternative roles

If your employer fails to do this, you may have grounds to challenge the redundancy.

What if your accident caused long-term illness or disability?

If your accident has resulted in a condition that meets the definition of a disability under the Equality Act 2010, your employer must make reasonable adjustments to support you at work.

Dismissing you because of your disability, or failing to make adjustments, could be considered disability discrimination.

Can you claim redundancy pay if off sick?

If you are legally made redundant while on sick leave, you will usually still be entitled to the same redundancy pay and notice period as any other employee. This applies whether you are receiving Statutory Sick Pay (SSP) or contractual sick pay at the time.

Real-world example

A warehouse worker suffered a back injury and was off work for several months. During this time, the company restructured and reduced staff. The employer consulted fairly, applied the same redundancy criteria to all staff, and offered alternative office-based work. The redundancy was deemed genuine and lawful. If the employer had selected the worker only because he was off sick, the dismissal could have been challenged as unfair.

What to do if you are made redundant while on sick leave

• Check whether the redundancy appears genuine.
• Review whether a fair process was followed.
• Consider whether your accident-related illness could count as a disability.
• Seek advice from a solicitor or employment advisor if you believe the redundancy is unfair.

Key takeaway

You cannot be dismissed simply for being off sick after an accident. If you are made redundant during this time, your employer must show that the redundancy is genuine, apply fair procedures, and avoid discrimination. If they fail to do so, you may have a claim for unfair dismissal or discrimination.

About the author

Chris Salmon is a legal commentator and co-founder of Quittance Legal Services. He has written extensively about workplace accidents, employment rights and the claims process. Chris's work has been cited in national media and he regularly contributes practical guidance to help injured workers understand their options.

More about Chris and WAAC

Last reviewed October 2025 by Chris Salmon

External references

• GOV.UK: Unfair and constructive dismissal - your rights if dismissed while on sick leave.
• GOV.UK: Statutory Sick Pay (SSP) - official rules on eligibility, rates and employer obligations.
• ACAS: Reasonable adjustments - employer duties to support workers with health conditions.
• ACAS: Phased return to work - guidance on planning a fair and safe return from sickness absence.