Redundancy
Understanding Redundancy
Redundancy occurs when an employer no longer requires employees to carry out a particular role or when the business undergoes organisational changes that reduce the need for certain positions.
A genuine redundancy situation may arise where:
A business closes completely;
A workplace or location closes; or
The employer requires fewer employees to carry out a particular type of work.
However, even where a genuine redundancy situation exists, employers must follow a fair procedure and treat employees consistently throughout the process.
Fair Redundancy Procedures
When selecting employees for redundancy, employers should identify those potentially affected and use objective, transparent, and fair selection criteria.
Factors commonly considered include:
Skills, qualifications, and experience;
Performance and standard of work;
Attendance records;
Disciplinary records; and
Business requirements.
Employers should also:
Consult with affected employees;
Explain the reasons for the proposed redundancy;
Consider alternatives to redundancy;
Explore suitable alternative employment opportunities where available; and
Allow employees to challenge or comment on the selection process.
Failure to follow a fair process may result in a claim for unfair dismissal.
Unfair Redundancy
A redundancy may be unfair if:
The employer fails to carry out meaningful consultation;
Selection criteria are unfair or applied inconsistently;
Alternatives to redundancy are not properly considered;
Employees are not given adequate notice or information;
The redundancy is not genuine; or
The selection process is influenced by discrimination or other unlawful factors.
Employees should never be selected for redundancy because of:
Age
Disability
Race
Religion or belief
Sex
Sexual orientation
Pregnancy or maternity
Gender reassignment
Marriage or civil partnership
Part-time or fixed-term status
Trade union membership or activities
Whistleblowing or asserting workplace rights
Where these factors influence a redundancy decision, an employee may have grounds for discrimination and/or unfair dismissal claims.
What Can You Do If You Believe Your Redundancy Was Unfair?
If you believe you have been unfairly selected for redundancy, you may wish to:
Raise concerns with your employer;
Submit a formal appeal against the redundancy decision;
Seek to negotiate a settlement agreement; or
Pursue a claim through the Employment Tribunal.
Before most Employment Tribunal claims can proceed, ACAS Early Conciliation must first be completed.
How Bridgefield Legal Can Help
At Bridgefield Legal, we provide practical advice and support to employees facing redundancy or challenging redundancy decisions.
Our services include:
Assessing whether a redundancy process was fair;
Reviewing redundancy selection criteria and consultation procedures;
Advising on redundancy pay and employment rights;
Assisting with appeals against redundancy decisions;
Negotiating settlement agreements;
Preparing Employment Tribunal claims; and
Providing Employment Tribunal representation.
We will help you understand your options and determine the most effective way to protect your rights and secure the best possible outcome.
Time Limits
Strict time limits apply to Employment Tribunal claims. In most cases, claims for unfair dismissal must be commenced within three months less one day from the effective date of dismissal.
For this reason, it is important to seek advice as soon as possible.
Make an Enquiry Today
If you have been made redundant or are currently involved in a redundancy process, contact Bridgefield Legal for a free initial consultation.
📞 Call us on 0141 255 1068 or book a free consultation to discuss your circumstances with an experienced adviser.
We will assess your situation, explain your rights, and discuss the most appropriate strategy for resolving your matter, whether through internal appeals, settlement negotiations, or Employment Tribunal proceedings.
