Your Redundancy Rights in the UK
Redundancy can be challenged if the process was unfair or the selection was discriminatory. This guide explains what the law requires and how to respond in writing.
What makes a redundancy unfair?
Under the Employment Rights Act 1996, redundancy is a potentially fair reason for dismissal — but the process must be fair. A redundancy may be unfair if:
- —The selection criteria were discriminatory or not applied consistently
- —You were not properly consulted before the decision was made
- —Your employer did not consider suitable alternative employment
- —The redundancy was used as a pretext for dismissal for another reason
- —Fewer than the legally required number of staff were collectively consulted (20+ redundancies require 30 days consultation; 100+ require 45 days)
Your statutory rights on redundancy
- —Statutory redundancy pay — if you have 2+ years continuous employment, based on age, length of service, and weekly pay
- —Notice pay — your contractual or statutory notice period, whichever is greater
- —The right to a written reason for dismissal
- —The right to appeal the redundancy decision internally
- —The right to reasonable time off to look for new work during the notice period
If you believe your redundancy is unfair, raise a formal grievance or appeal in writing as soon as possible. Employment Tribunal claims must be brought within 3 months minus one day of the dismissal date, after completing ACAS Early Conciliation.
How to challenge your redundancy selection
Ask your employer in writing for: the selection criteria used, how you scored against those criteria, how colleagues scored (anonymised), and why you were selected rather than others. If the criteria or their application was unfair, set out your grounds clearly in a formal appeal letter.
Requesting information before tribunal
You can send a Subject Access Request to your employer to obtain all data held about you — including emails and documents relating to the redundancy process. This can reveal whether the process was genuinely fair.
ACAS Early Conciliation
Before bringing an Employment Tribunal claim, you must notify ACAS and attempt Early Conciliation. ACAS will contact your employer and attempt to reach a settlement. If conciliation fails, ACAS issues a certificate allowing you to proceed to tribunal. The conciliation period pauses the tribunal time limit.