redundancy

hi i have just found out that i could be made redundant (nissan) i have worked there for 17 years. i have been told that redundancies are going to be based on a point scoring system. in the last two years i have had some time off due to disc problems in my back the first absence occured in 2007 and i was off work for 6-7 weeks and the other was for 4-5 weeks november gone,i have consultants reports etc to back up my claim to being unfit for work due to my back problem,as this time is off is my only concern in the point system,would i have a claim under the Disability Discrimination Act.
regards

Hi there, sorry about your predicament. An expert should be along shortly to offer advice. In the meantime if you can think of any other details that might be relevant then please let us know. Thanks

Thank you for your question although I am sorry to hear about your impending redundancy.

Generally, if a selection criteria has been agreed in advance with a union or employee representative body, this should be used. Otherwise it is a case of the employer choosing a fair criteria. The criteria should be objective and can include length of service, disciplinary records, performance etc.

Attendance and/or sickness absence is often a criterion in redundancy selection. This is not unreasonable, but it is discriminatory for an employer to penalise employees for certain absences including pregnancy related or disability related illness. These periods should be discounted from the score.

Although you have specified 2 periods of absence in the last 2 years due to back problems, I am unable to confirm whether you would have a potential claim under the Disability Discrimination Act without more details. There are rules about what the law counts as a disability, when considering whether or not discrimination has taken place. The law says that 'disability' means a physical or mental impairment, which has a substantial and long-term negative effect on your ability to carry out normal day-to-day activities.

If you need more information about what is a mental or physical impairment, you should consult your Citizens Advice Bureau. Please follow this link which will provide more information about the DDA

I hope this has been of help to you.