Redundancy
Being placed at risk of redundancy can create understandable concerns about your job security, finances, future plans, and your financial position. Employees often want clarity on whether the process being followed by their employer is fair and what their rights are at each stage.
Clear guidance early on can help you understand your legal position, identify any unfairness, and make informed decisions about any action that needs to be taken.
Redundancy happens when an employer needs fewer employees or employees in specific roles, which can arise from it restructuring/reorganising its business. In the UK, an employer is required to carry out a fair redundancy process involving consultation, fair selection, and consideration of suitable alternative employment before dismissing an employee. If the process is rushed or carelessly handled, employees may be left with an outcome that is unfair and have a resulting legal claim.
Redundancy often raises key questions for employees, from understanding selection decisions to assessing payment due and whether the employer has genuinely explored alternatives.
Some employees feel pressured to go along with the redundancy consultation without enough time to understand their rights, raise issues, and take appropriate action to defend their rights.
A fair redundancy process should involve clear communication, meaningful consultation, and correct payment of all entitlements. If aspects of the process appear unclear or inconsistent, receiving advice early will help you protect your position and challenge any unfair treatment.
What Is Redundancy?
Redundancy occurs when your job is no longer required by the organisation, for example, due to economic pressures or organisational restructuring. Redundancy may be a legitimate legal reason for termination, but employers still need to ensure they go about it in a reasonable, open and procedurally fair manner. This includes proper consultation, objective selection criteria, and, where possible, offering suitable alternative roles.
When might a redundancy be unfair? A redundancy may be unjust if there is no actual redundancy situation, if the selection process was flawed or discriminatory, or if proper procedures were not followed. Employees who are validly made redundant will be entitled to statutory redundancy pay (if they have sufficient years of service), notice pay, and accrued holiday entitlement.
Understanding whether the redundancy process has been handled correctly is essential. If you are concerned that your employer may not be following a fair procedure, early advice can help you protect your position.
A fair redundancy process typically includes the following stages:
Fair procedure
Proper consultation
Objective selection criteria
Consideration of suitable alternative roles
Redundancy pay entitlement
How Can David Help as Your Redundancy Solicitor?
David supports employees at every stage of redundancy, offering clear advice on whether the process is fair and what you are entitled to by law.
He reviews consultation processes, selection and will explain your options if there are inconsistencies or procedural concerns.
He also examines financial entitlements, including statutory and enhanced redundancy pay, notice pay, holiday pay, and contractual rights. David frequently negotiates enhanced redundancy settlements and advises on settlement agreements where employers pay in return for you waiving any potential claims.
If you are an employee facing redundancy, David ensures that your rights are observed and protected and that you can take all necessary tactical steps to protect your position.
Employees facing redundancy frequently face a number of challenges, such as:
Unfair selection
Discrimination
Pressured decisions
A decision to make you redundant should not be readily accepted without you having full clarity about your legal rights. Seek expert advice before you go along with any consultation process, agree to any outcome, or sign anything. Speak to David to understand your options and ensure you are treated fairly.
Why Choose David as Your Redundancy Lawyer
With over 35 years of specialist redundancy experience, David provides clear, strategic advice to employees and senior executives facing redundancy. He identifies procedural flaws, unfair selection methods, and issues within consultation or entitlement calculations. He also negotiates enhanced redundancy packages and settlement terms, ensuring that all payments and rights are accurately assessed and protected.
Whether you are at the consultation stage, partway through selection, or have been told your role is at risk, David offers steady, practical support focused on safeguarding your position and securing you the best possible outcome.