What Is Redundancy?
Redundancy happens when your job role is no longer needed because of:
- Business closure
- Workplace closure
- Reduced need for employees
- Restructuring or reorganisation
- Financial pressures
- Technological changes
Redundancy is not about your performance or conduct — it is about the role, not the person.
Your Legal Rights in a Redundancy Process
1. A Fair Consultation Process
Your employer must:
- Explain the reasons for redundancy
- Discuss alternatives
- Allow you to ask questions
- Consider your suggestions
2. Fair Selection Criteria
Selection must be:
- Objective
- Measurable
- Consistent
- Non discriminatory
Unfair criteria include:
- Age
- Disability
- Pregnancy
- Part time status
- Trade union membership
- Whistleblowing
3. Suitable Alternative Employment
Your employer must offer any suitable alternative roles before dismissing you.
4. Redundancy Pay
If you have 2+ years' service, you are entitled to:
- Statutory Redundancy Pay
- Or enhanced company redundancy pay (if offered)
5. Notice Period
You must receive your contractual or statutory notice.
6. The Right to Appeal
You can challenge the decision if the process was unfair.
The Stages of a Fair Redundancy Process
Stage 1 — Announcement of Risk
Your employer must tell you that your role is at risk and explain why.
Stage 2 — Consultation
Consultation must be genuine, meaningful, and not a tick box exercise. You should be able to:
- Ask questions
- Challenge the business case
- Suggest alternatives
- Request evidence
Stage 3 — Selection Process
If multiple people are at risk, employers must use fair criteria such as:
- Skills
- Qualifications
- Performance (evidence based)
- Attendance (excluding disability related absence)
Stage 4 — Suitable Alternative Roles
Employers must offer:
- Vacancies
- Redeployment opportunities
- Trial periods
Stage 5 — Redundancy Notice
You must receive:
- Written confirmation
- Notice period
- Redundancy pay details
Stage 6 — Appeal
You can appeal if:
- The process was flawed
- Selection was unfair
- Consultation was inadequate
What Makes a Redundancy Unfair?
A redundancy may be unfair if:
- The role still exists
- You were targeted personally
- Selection criteria were biased
- Consultation was rushed or meaningless
- You were replaced shortly after
- You were selected due to pregnancy, disability, or whistleblowing
- Your employer failed to consider alternatives
Redundancy Pay Explained
Statutory Redundancy Pay
Based on:
- Age
- Length of service
- Weekly pay (capped)
Enhanced Redundancy Pay
Some employers offer more generous packages — they must apply their policy consistently.
Collective Redundancy Rules
If 20 or more employees are at risk within 90 days, employers must:
- Hold collective consultation
- Consult for a minimum period
- Notify the government (HR1 form)
Failure to do so may entitle employees to a Protective Award of up to 90 days' pay.
How to Protect Yourself During Redundancy
- Request all documents in writing
- Ask for scoring sheets
- Challenge unfair criteria
- Keep notes of all meetings
- Request evidence behind decisions
- Ask about alternative roles
- Appeal if the process is flawed