That depends on whether her sickness record relates to a disability within the terms of the Disability Discrimination Act, ie a physical or mental impairment which has a substantial and long-term effect on her ability to carry out day-to-day activities (and see question 13). If it does, and you refuse to employ her in consequence, then she would be able to make a claim for disability discrimination.
You could argue in your defence that you had considered whether it was possible to make 'reasonable adjustments' to enable the applicant to do the job, but disregarded such adjustments as they were not 'reasonable', for example, because they were too expensive, or impractical, or would not make any significant difference to the applicant's ability to do the job. You must be able to prove that you had considered making such adjustments and can explain why they were unreasonable, if you want to be able to defend yourself against a charge of discrimination. You may need to explore,for example, whether you could obtain financial assistance to make such adjustments.
