Redundancy – Fair Process or Foul Play?

Hearing that your job is at risk of redundancy can be deeply unsettling. At MHHP Law, we help employees understand their rights, question whether the process is fair, and take action if it isn’t.

What Is Redundancy?

Redundancy is a form of dismissal that happens when your employer needs to reduce their workforce — for example, because:

• The business is closing or relocating
• There’s less need for certain work
• Technology has changed how work is done
• The employer is restructuring or merging roles

A genuine redundancy must fall within one of these categories. But even when there is a valid reason, your employer must still follow a fair process. If they don’t, the dismissal may be unfair.

What Does a Fair Redundancy Process Look Like?

A fair redundancy process typically includes:

• Clear communication – explaining the reason for redundancies early on
• Meaningful consultation – giving you a chance to respond, suggest alternatives, and understand the selection process
• Fair selection – using objective and non-discriminatory criteria
• Exploring alternatives – such as redeployment or reducing hours
• Notice and pay – providing the correct notice period and redundancy pay (if eligible)

Even if only one role is at risk, consultation must be genuine and take place at a formative stage, not after decisions are made. If your employer is making 20 or more redundancies within 90 days, special rules on collective consultation also apply.

Common Problems in Redundancy Cases

You may have grounds to challenge a redundancy if:

• You weren’t properly consulted
• The selection process was unfair or unclear
• You were chosen for discriminatory reasons (e.g. due to age, pregnancy, disability, or part-time status)
• Your employer didn’t consider suitable alternative roles
• You didn’t receive the correct notice or redundancy pay

Employees who are pregnant or on maternity, adoption, or shared parental leave now have extended protection — they must be offered any suitable alternative vacancy ahead of others. This protection starts from the moment you notify your employer of pregnancy and lasts up to 18 months after childbirth or adoption.

What Are Your Rights?

If you’ve worked for your employer for at least two years, you’re generally entitled to:

• Statutory redundancy pay – calculated based on age, length of service, and capped weekly pay (currently £719 per week, up to £21,570 total)
• Paid notice (or pay in lieu)
• Time off to look for new work – at least two days’ paid time off
• A fair and non-discriminatory process

Even if you have less than two years’ service, you may still be protected if the redundancy is connected to discrimination, whistleblowing, pregnancy, or other automatically unfair reasons.

What Can You Do?

If you think your redundancy wasn’t handled properly:

• Raise concerns during consultation
• Ask for written reasons and selection scoring
• Appeal the decision internally
• Seek legal advice early — especially if time is short

You usually have three months less one day from your dismissal date to bring an Employment Tribunal claim. Claims for unpaid statutory redundancy pay have a six-month deadline. You must also go through Acas Early Conciliation before making a claim.

How We Can Help

We’ve helped many employees challenge unfair redundancies and secure better outcomes. Whether you’re still in consultation or already out of work, MHHP Law can give you clear, practical advice based on your rights.

If you want advice on any matters relating to employment, you can contact Tayo Taylor at tayo.taylor@mhhplaw.com or on 020 3667 4783

MHHP Law LLP – Supporting Employees Across North London and Beyond.