We use cookies to allow us and selected partners to improve your experience and our advertising. By continuing to browse you consent to our use of cookies. You can understand more and change your cookies preferences here.

Redundancy issues
we know your rights
  • Clear advice from experts you can trust
  • No hidden costs, fixed monthly or annual fee
  • No cap on calls

Redundancy process

While there may be justified reasons for making you redundant, your employer must follow procedures as set out by employment law. Otherwise, if you have more than two years of service, your dismissal may be unfair. For example, if your employer is reducing staff numbers in a particular role within the business, they must:

  • identify a suitable pool from whom to select
  • use fair selection criteria to decide who from the pool will be made redundant
  • consult with each employee meaningfully about any possible alternatives to redundancy
  • consult with Trade Unions/Staff Representatives if over 20 redundancies are contemplated

Failure to comply with employment law procedures means a claim can be made and may result in an employment tribunal finding the dismissal to be unfair. If the tribunal agrees that the dismissal is unfair, damages are normally awarded.

Prior to issuing a claim, you need to contact the conciliation service ACAS to commence Early Conciliation (EC). If EC is unsuccessful you will be given a Certificate Number, which you will need to put on the ET claim form you submit to the Tribunal. The actual deadline to commence a claim in the Tribunal will depend on when you start EC and the date the certificate is issued.

Redundancy pay

If you have been in your job for more than two years, your length of service, age and salary will affect how much statutory redundancy pay you will be due. You are also entitled to be paid in lieu of any unused holiday, and compensation for failure to pay notice, if you are not given the correct amount of notice.

Which? Legal can help

Our specialist advisers provide expert legal advice and help if you’re faced with redundancy. We can advise you on employment law and the grounds for redundancy and guide you when taking action for unfair dismissal.

The Which? specialists advisers offer individual, jargon-free legal advice in answer to your redundancy questions.

Join now call
Monday - Friday 8.30am - 6pm & Saturdays 9am to 1pm (excluding bank holidays in England & Wales)
Monthly
As much advice as you need as long as you need £9 per month plus a £29 one-off joining fee (cancel anytime)
  • Access our experts in consumer law, travel, motoring, landlords & tenancy, wills & probate and more
  • Get clear guidance on your next steps from experts you can trust
  • Unlimited calls – speak with us as often as you need
  • Cover for your whole household
Annual
Save £38 vs monthly
Our best value advice and peace of mind cover £99 per year £8.25 monthly equivalent
  • Access our experts in consumer law, travel, motoring, landlords & tenancy, wills & probate and more
  • Get clear guidance on your next steps from experts you can trust
  • Unlimited calls – speak with us as often as you need
  • Cover for your whole household
Meet your experts
Brendan Donohue Brendan joined Which? Legal in 2018 and is a member of the Employment Lawyers Association. Brendan has over 15 years of experience advising on all aspects of employment law. See profile
Duncan Snook Duncan joined Which? Legal as an employment law specialist in May 2018. He has over 10 years of experience as an employment solicitor in private practice. See profile