Redundancy: your rights

  1. Overview
  2. Being selected for redundancy
  3. Statutory redundancy pay and enhanced redundancy payments
  4. Your notice period
  5. Your consultation period
  6. Redundancy and suitable alternative employment

2. Being selected for redundancy

Broadly speaking, there are three main redundancy situations:

  1. Where the business as a whole is being closed;
  2. Where the particular workplace where the employee is working is being closed;
  3. Where there is a need to reduce the size of the workforce

An employer has a broad remit to reduce the size of its workforce – this could be, for example, because of a restructuring of the workplace, because there is a need to cut the costs of the business overall, or because a different strategy is being put in place (among other things). There need not necessarily be less work to done – the employer may have just decided to cut costs by reducing staff and making those who remain do more work. However, the employer should be able to justify the reasons for the redundancies it is making and communicate those to the employee.

Ways of selecting for redundancy

Overall, your employer must use a fair and objective means of selecting you for redundancy. Employers commonly use the following means of selecting employees for redundancy (among others):

  • Asking for volunteers (voluntary redundancy or ‘self-selection’)
  • Using the LIFO method (“last in, first out”) where employees with the shortest length of service are selected first
  • Carrying out a full redundancy procedure (ranking employees by how they score over various criteria including skills, aptitude, attitude, qualifications, and experience)

Employers do not have the obligation to carry out a full redundancy process if your job no longer exists, for example if:

  • The business as a whole is closing
  • The particular workplace in which you worked is closing and all employees in that workplace are being made redundant; or
  • You are the only employee who is working in a particular workplace / organisation structure that is being closed

How your employer may select you for redundancy

If your employer is carrying out a full redundancy procedure then the employer should generally carry out the following procedure:

  1. Construct a fair pool of employees who may be selected for redundancy
  2. Choose reasonable selection criteria (provided that these can be objectively measured and are not discriminatory)
  3. Apply the selection criteria chosen fairly and objectively

Although all employers have an obligation to carry out a fair and objective procedure, the lengths to which a Tribunal will expect employer to go in drawing up and applying criteria will depend on the employer’s size and administrative resources.

Unfair selection for redundancy

If your employer fails to follow a fair procedure in dismissing you or fails to make a fair decision to dismiss you then you may be entitled to make a claim for unfair dismissal (should you have the necessary continuous employment to do so).

Further, if you are selected for redundancy for the following reasons then your dismissal may also be unfair (among others):

  • Your gender
  • Your age
  • Your disability
  • Your race
  • Your religion or philosophical belief
  • Your sexual orientation
  • Your gender orientation
  • Membership or non-membership of a trade union
  • Because you have complained about health and safety in the workplace
  • Because you have made a protected disclosure (commonly known as “whistleblowing”)

Appealing your redundancy

If you feel that you have been unfairly dismissed then you can appeal your dismissal. If you wish to challenge the decision then you must write to your employer to do so, explaining the reasons why you think your redundancy has been unfair.

You may also be entitled to make a claim for unfair dismissal to an Employment Tribunal.

Voluntary redundancy

If you volunteer for redundancy then your employer still has the discretion whether or not to select you for redundancy.

Previous: Overview

Next: Redundancy pay

Our awards

Request a callback

Your name

Your email

Your telephone number

Contact us

Please feel free to discuss your own position and concerns. Contact your nearest office on:

T: 020 3397 3603
E: enquiries@redmans.co.uk
W: www.redmans.co.uk

Testimonials

4.76 Average

124 Reviews

Brittany

I was very grateful for Redmans to treat my case with respect and discretion. At the time, I was very new to London and it was meaningful to have someone on my side and win the case for me. Without any doubt, I would definitely recommend Redmans Solicitors to anyone who is in need of it.

Posted 6 months ago

Jake L

Chris is very professional and calm. Very attentive and patient, been a positive experience having Chris represent me, and would recommend him.

Posted 8 months ago

Anonymous

Excellent service. It was a pleasure to work with Chris H, who is brilliant at what he does and very efficient. Their Senior Associate Rana T. is also very knowledgeable and resolves any queries speedily and efficiently. My issue could unfortunately not be resolved, but that was due to my employer and not the firm. Redmans however did all they could. I would definitely recommend them.

Posted 8 months ago

Anonymous

Very pleasant and quick to deal with. Mnay thanks.

Posted 8 months ago

Anonymous

Easy to get hold of. Quick.

Posted 8 months ago

Owen J

Very helpful, efficient service.

Posted 8 months ago

Anonymous

I am very lucky that I worked with Mr. Chris Hadrill and he managed my case very progressively with an analytical approach and trustfully. Of course with a very positive result. I strongly recommend Mr. Hadrill to any one seeking for a successful result from a highly qualified solicitor.

Posted 8 months ago

Kulbir S

Amazing, quick friendly service from Chris from the start and Caroline. They made me feel at ease during a difficult time, they understood and advised accordingly and I am really happy with the outcome of my case. Will always advise anyone who needs legal advice to contact Redmans, I’m so glad that I did and can confidently say I don’t think any other firm could have handled my case any better. Well done guys, wish you all the best and please keep doing what your doing, simply the best!

Posted 9 months ago

Mark A

Excellent service - rapid and “to the point” advice given to ensure meeting the target time frame

Posted 9 months ago

Anonymous

Chris Hadrill kept me sane during the negotiations with my employer. He was courteous professional and he cared about doing the best he could for me. I will use Redmans again if ever I need an employment solicitor. Excellent service.

Posted 9 months ago

Muhammad Z

Awesome services. Professionals at their best .

Posted 9 months ago

Anonymous

Thanks for the advice and for negotiating a good outcome. Good to have the support at a very stressful time

Posted 9 months ago

Chloe F

My solicitor at Redmans was very helpful and efficient. Really pleased with the smooth service.

Posted 9 months ago

Anonymous

Chris was absolutely excellent. Clear and concise, offering sound advice.

Posted 9 months ago

Tim O

Experienced and competent advisors

Posted 9 months ago

Rachel A

Quick and expert assistance. I would highly recommend Chris for any of your legal needs.

Posted 9 months ago

Joe S

I was very happy with the service provided by Chris and the team at Redmans Solicitors. I felt very comfortable discussing all matters with Chris and am very grateful for all the help and guidance I was given throughout the whole process. I would definitely recommend Redmans Solicitors to friends and family!

Posted 9 months ago

Anonymous

I had a very good experience working with Chris Hadrill during a difficult and emotional time. This held true from the moment I spoke to him on the phone, to the end of the process. Overall, he was attentive, professional and highly supportive. He provided sound advice and clarity. It was the reviews that led me to Redmans! I was very happy to know they were all true. I highly recommend working with Redmans Solicitors. Thank-you to the entire team!

Posted 9 months ago

Anonymous

Good service

Posted 9 months ago

Anonymous

Excellent professional service. Highly recommend.

Posted 9 months ago

Rob O

Very prompt response and I could not fault the service. My solicitor listened carefully to the details of my case and I felt very confident in the advice I was offered. All emails and work done on my behalf with my former employer was of the highest standard and Redmans helped take a lot of the stress out of the situation for me.

Posted 9 months ago