Unfair Redundancy: Know Your Rights

What makes a redundancy unfair?

Redundancy can be unfair in two ways:

The redundancy itself is not genuine - Your job still exists or someone else is doing your work
The selection process was unfair - You were selected for reasons that breach employment law

Automatically unfair reasons for redundancy

It's automatically unfair (and unlawful) if you're selected for redundancy because of:

Pregnancy, maternity leave, or related reasons
Taking or requesting parental leave, paternity leave, or adoption leave
Your age, disability, race, religion, sex, or sexual orientation
Being a part-time or fixed-term worker
Trade union membership or activities
Raising health and safety concerns
Whistleblowing
Requesting flexible working
Asserting a statutory right

You don't need 2 years' service to claim for automatically unfair redundancy.

Fair selection process requirements

Employers must use objective selection criteria. Fair criteria might include:

Skills, qualifications, and experience
Performance and disciplinary record
Length of service
Attendance record

Warning signs of unfair selection

The criteria weren't shared with you
You scored poorly but don't know why
Someone with a worse record was kept on
The criteria seem designed to select you
Personal characteristics were considered (age, disability, etc.)

Consultation requirements

Employers must meaningfully consult with you about redundancy. This should include:

Explaining why redundancies are needed
Discussing the selection criteria and how they apply to you
Exploring alternatives to redundancy
Discussing alternative roles in the organisation

Collective consultation

If 20+ employees are being made redundant within 90 days, the employer must consult with employee representatives or unions:

At least 30 days before dismissals for 20-99 redundancies
At least 45 days before dismissals for 100+ redundancies

Failing to properly consult is a breach of employment law.

What to do if you think it's unfair

Step 1: Raise it internally

Write to your employer explaining why you believe the redundancy is unfair. Request:

Full details of the selection criteria and scores
Information about how others were scored
Explanation of the decision-making process

Your employer must provide this information within a reasonable timeframe.

Step 2: Consider an appeal

If you're not satisfied with the response, use your employer's appeal process. State clearly:

Why the decision is unfair
What evidence you have
What outcome you want (keep your job, different role, or compensation)

Step 3: Contact ACAS

Before making an Employment Tribunal claim, you must notify ACAS of your intention to claim. This is called "Early Conciliation".

ACAS Early Conciliation
Phone: 0300 123 1100
Online: acas.org.uk/early-conciliation

ACAS will offer free conciliation to try to reach a settlement without going to tribunal. This process:

Is confidential
Usually takes up to 6 weeks
Doesn't cost you anything
Doesn't affect your right to go to tribunal if conciliation fails

Employment Tribunal

If ACAS conciliation doesn't resolve the issue, you can make a claim to the Employment Tribunal.

Time limits

You must start ACAS Early Conciliation within 3 months less 1 day of:

Your notice period ending, or
The date you were dismissed

This deadline is strict. Missing it usually means you can't claim.

Who can claim?

For ordinary unfair redundancy: You need 2 years' continuous service
For automatically unfair redundancy: No service requirement
For discrimination: No service requirement

What you could win

If successful, you might be awarded:

Basic award - Similar to statutory redundancy pay calculation
Compensatory award - Loss of earnings and benefits (capped at £115,115 as of 2024, or 52 weeks' pay, whichever is lower)
Additional awards - In discrimination cases, awards are uncapped and can include injury to feelings

Making a claim

After ACAS issues an Early Conciliation certificate, you have 1 month to submit your tribunal claim.

Submit online: gov.uk/employment-tribunals

Getting legal advice

Employment law is complex. Consider getting advice before proceeding:

Free advice

ACAS - 0300 123 1100 - Free advice on employment rights
Citizens Advice - citizensadvice.org.uk - Free, impartial advice
Law Centres - Free employment law advice (not available everywhere)

Paid advice

Employment solicitor - Many offer free initial consultations
Trade union - If you're a member, they may provide free legal support

Important considerations

Before pursuing an unfair redundancy claim:

Tribunal claims are public and can be stressful
Most cases settle before reaching tribunal
You don't need a solicitor, but legal advice helps
If you lose, you won't usually pay the other side's costs
Evidence is crucial - keep all documents and emails

Remember

Not all disappointing redundancies are unfair in law. However, if you genuinely believe your selection was discriminatory or the process was flawed, you have legal recourse.

Act quickly - time limits are strict. Get advice early from ACAS or Citizens Advice to understand your options.