Redundancy Advice & Legal Support – Protecting Your Rights
If you’ve recently lost your job due to redundancy, or been told you’re at risk, Baker Ashley can support you.
For a redundancy to be fair, your employer must:
Use a fair selection process
Give you a proper consultation period
Offer any suitable alternative roles
If any of these steps were missed, you could have been unfairly dismissed and may be entitled to extra compensation for lost earnings.
Redundancy happens when a business needs to reduce staff for financial or operational reasons—such as closing a workplace, cutting costs, or shutting down altogether.
The law sets out clear rules for how redundancies must be handled, and it gives employees certain rights. If these rules aren’t followed, you may have grounds for an unfair dismissal or discrimination claim.
Our specialist employment team at Baker Ashley is here to guide you through both compulsory and voluntary redundancies. We’ll explain your options clearly, protect your rights, and help you achieve the best possible outcome.
The UK Redundancy Process – What Employees Need to Know
Redundancy happens when your job no longer exists — for example, if your workplace shuts down, work is moved somewhere else, or a new employer takes over.
Because redundancy is the employer’s decision, the law says they must follow a fair process. This means they must act reasonably and handle the situation properly based on the circumstances.
While the exact steps may vary, most employers should follow these key stages:
1. Employee Consultations
Your employer should talk to you about:
Why redundancies are being considered.
Any possible alternatives to losing your job.
This usually means a direct discussion with those affected. The rules on timing and process will depend on how many redundancies the employer is planning.
2. Fair Selection Criteria
If your employer needs to choose who will be made redundant, they should use clear, fair, and consistent criteria. These might include:
Skills and qualifications
Work performance and experience
Attendance record
Disciplinary history
They cannot choose you for redundancy for discriminatory reasons such as your age, disability, race, gender, sexual orientation, religion, marital status, trade union membership, or whistleblowing.
3. Appeals Process
Even though there’s no legal right to appeal a redundancy decision, it’s good practice for employers to offer one. This gives you the chance to challenge the decision if you think it’s unfair.
If your employer doesn’t follow a fair redundancy process, you might have a case for unfair dismissal. Baker Ashley can guide you through your rights and options if this happens.
Your Rights if You’re Made Redundant
If your employer is closing down or restructuring, you may have legal rights. These can include:
Notice before your job ends
Time off to look for new work
Redundancy pay
1. Notice Period & Time Off
If you’re selected for redundancy, your employer must give you notice before your last day. The length of notice depends on how long you’ve worked there:
1 month – 2 years: 1 week’s notice
Over 2 years – up to 12 years: 1 week’s notice for each full year you’ve worked
12 years or more: 12 weeks’ notice
If you’ve been with your employer for at least 2 years when your notice period ends, you may also be entitled to paid time off to attend interviews or training for a new job. The amount of time off should be “reasonable,” based on your circumstances.
2. Statutory Redundancy Pay
You qualify for statutory redundancy pay if:
You’ve worked for your employer continuously for at least 2 years
You are being made redundant (not dismissed for another reason)
The amount you get depends on:
Your age
Your length of service
Your weekly pay
Special Situations:
Employer can’t or won’t pay: If your employer is insolvent or refuses to pay, you can apply to the National Insurance Fund for payment.
Enhanced redundancy pay: Some contracts offer more than the legal minimum. If your contract or company redundancy policy promises more, your employer must honour it.
Industry custom: Even if it’s not in writing, if your workplace or industry has a well-known, fair, and consistent redundancy practice, you may be able to claim the same terms.
3. Disputes
If you believe your notice period or redundancy pay is incorrect, you can challenge it at an employment tribunal.
Contact Us
If you’re facing redundancy and want to understand your rights or check if you’re getting the correct notice and pay, Baker Ashley can help. Call us on 01443 716242 for clear, practical advice or submit a lead form submission.
