Your Rights During a Redundancy Consultation at Work

Redundancy is about the job, not about you

Hearing the word "redundancy" is rarely good news, even when you half-expected it. It helps to start with the legal definition, because it shapes everything that follows. Redundancy happens when your employer needs fewer people to do a particular kind of work. It can arise because the business is closing, closing a site, or simply needs fewer employees doing your role.

What it is not is a convenient label for sacking someone whose performance is poor or who has fallen out with the boss. If your employer is using redundancy as a cover for dismissing you for another reason, the process is likely to be unfair. So the first thing to hold onto is this: the law gives you real protections, and they apply whether you have been there for ten months or ten years.

If you have at least two years' continuous service, you will generally qualify for statutory redundancy pay and for the right to bring an unfair dismissal claim. If you have less than that, you still have the right to be consulted properly, to be considered for suitable alternative roles, and to be treated in line with your contract.

Collective consultation: when there is strength in numbers

Different rules apply depending on how many roles are at risk. If your employer is proposing to dismiss 20 or more employees at one establishment within a 90-day period, collective consultation is triggered. That means talking to recognised trade union representatives, or to elected employee representatives if there is no union.

The consultation must start at least 30 days before the first dismissal if between 20 and 99 roles are at risk, and at least 45 days if 100 or more are at risk. These are minimums, not targets, and the employer must consult with a genuine intention of reaching agreement.

• Consultation must cover ways of avoiding redundancies, reducing the number of people affected, and mitigating the consequences.
• You are entitled to be told the reasons for the proposals, the numbers and descriptions of roles at risk, and the selection method being used.
• Failure to consult properly can lead to a protective award of up to 90 days' pay per affected employee.

The selection pool and criteria

In most reorganisations, an employer identifies a "pool" of employees doing similar or interchangeable work, then scores them against objective criteria. Watch this stage closely, because it is where most unfairness creeps in.

Reasonable criteria might include skills, qualifications, attendance, disciplinary record and performance. Criteria such as age, sex, race, disability, pregnancy or trade union membership are discriminatory and unlawful. So is a criterion that quietly targets anyone who has spoken up, taken parental leave or requested flexible working.

Scores should be based on evidence you can actually see. If your employer will not share the scoring matrix or the basis for your marks, ask for it in writing. You are entitled to understand how the decision was reached, and a vague answer is often a sign that the process was not as rigorous as it should have been.

Your individual consultation rights

Even where collective consultation applies, you should also have at least one meaningful individual meeting. In practice, a proper consultation involves more than one conversation, because you need the chance to respond to what you are told.

• You have the right to be accompanied at the meeting by a colleague or a trade union representative.
• You can ask questions, challenge the criteria, and propose alternatives such as reduced hours, job-sharing, or moving to another team.
• Your employer should consider suitable alternative employment, including roles with an associated company, and should not dismiss you before that search is done properly.
• If you are offered an alternative role, you are entitled to a four-week trial period. If it does not work out, you can usually still claim redundancy pay.

Take notes, or ask your companion to. Confirm in writing afterwards what was said and any points left unanswered. That record may matter later.

Notice, pay and your final entitlements

If you are made redundant, you are entitled to your contractual or statutory notice, whichever is more generous. Statutory notice is one week for each complete year of service, up to a maximum of 12 weeks. You should also be paid for any outstanding holiday that has accrued but not been taken, and any wages or commission owed.

Statutory redundancy pay is calculated using your age, weekly pay and length of service, up to a capped weekly amount and a maximum of 20 years. Many employers offer enhanced packages, so check your contract, staff handbook or any collective agreement before accepting anything. An employer cannot make payment conditional on you signing away your rights without giving you proper time and, ideally, independent advice.

If the process feels wrong, act quickly

You can raise a grievance and appeal against the decision. Ask for the appeal to be heard by someone not involved in the original selection, and set out clearly why you believe the process was unfair: the pool was too narrow, the criteria were subjective, the scoring was inconsistent, or consultation was a formality.

Time limits are strict. For most employment tribunal claims, including unfair dismissal, you have three months less one day from the effective date of termination. Early conciliation through Acas is usually required first, and it can help to get advice from Acas, Citizens Advice or a solicitor before that clock runs out.

Redundancy is difficult, but you are not powerless. Ask questions, keep a written record, and get advice early. Doing so protects both your finances and your confidence at a time when you need them most.