The redundancy pathway: a step-by-step guide

1. What is redundancy?

Redundancy is a specific legal reason for dismissal. It is not a general term for losing your job. For a redundancy to be genuine, your employer must show one of three things:

• The business is closing entirely.
• The workplace is closing — your specific office, site, or branch.
• The need for your kind of work has diminished — fewer people are needed to do your role.

2. The consultation process

Your employer must consult with you before making you redundant. This is not a formality — it must be a meaningful process where your views are genuinely considered.

• Individual consultation: you should be invited to at least one (usually several) consultation meetings, with the chance to ask questions, challenge the selection, and propose alternatives.
• Collective consultation: if 20 or more employees are at risk at one establishment, your employer must consult with employee or union representatives — at least 30 days before the first dismissal, or 45 days if 100 or more are at risk.
• Your rights at meetings: you are entitled to be accompanied by a colleague or trade union representative at formal redundancy meetings.

3. The selection process

If more people do your kind of work than are being made redundant, your employer must use a fair selection process. This means objective, measurable criteria — such as skills, qualifications, performance records, and attendance — applied fairly over time.

Unfair criteria: it is automatically unfair and discriminatory if the selection is based on a protected characteristic (like your age, race, or gender), your working pattern (e.g., being a part-time worker), or because you have asserted a statutory right (e.g., you made a whistleblowing disclosure).

Strategic advice: how to challenge their findings

You have the right to scrutinise the selection process. After you have been informed you are at risk, send a formal written request for the following information:

• The selection criteria: the exact criteria used, the scoring system, and the weighting of each factor.
• Your scores: a full breakdown of how you were scored against each criterion, with the evidence used.
• The pool: who else was in the selection pool and why those roles were included (you are entitled to compare anonymised scores).
• The evidence: copies of performance reviews, absence records, or other documents used to score you.

If the criteria are vague, subjective ("attitude," "flexibility"), or applied inconsistently, say so in writing during the consultation. Challenging the process on the record is what preserves your position for an appeal or a tribunal claim.

4. Redundancy pay and notice

If you have worked for your employer for two years or more, you are entitled to statutory redundancy pay:

Weekly pay is capped (the cap is reviewed each April) and only the last 20 years of service count. Your contract may offer enhanced redundancy pay — check it. You are also entitled to your notice period (or pay in lieu), accrued holiday pay, and reasonable paid time off to look for new work.

5. Suitable alternative employment

Before making you redundant, your employer should consider whether there is a suitable alternative role for you. If a suitable alternative exists and they do not offer it, the dismissal may be unfair. If you are offered a suitable alternative and unreasonably refuse it, you may lose your right to redundancy pay — so get advice before turning anything down. You are entitled to a four-week trial period in any alternative role.

6. What to do next