Redundancy & Restructuring Solicitor London: Advice for Employers
If you are proposing redundancies or restructuring a team, the process matters as much as the decision itself. David advises employers on running redundancy and restructuring exercises that hold up: a genuine business reason, a defensible selection pool, objective criteria, and consultation that happens before the decision is made, not after. Get advice before you issue at-risk letters, not once a claim has already landed.
of employment law
personally advised
top-ranked lawyer
from clients
BEFORE THE PROCESS STARTS...
The Moment Restructuring Starts, Compliance Risk Starts With It
Redundancy is defined in section 139 of the Employment Rights Act 1996 as a cessation or diminution in the requirement for work of a particular kind, and fairness is assessed under section 98(4): there must be a genuine business reason, not simply a wish to remove a particular individual. The guidance in Williams v Compair Maxam [1982] ICR 156 sets out warning and consultation, objective selection criteria and consideration of alternative employment as the hallmarks of a fair process. Getting any of these wrong does not just risk one claim, it risks the whole exercise being reopened.
The stakes are rising. The Employment Rights Act 2025 increased the maximum protective award for failure to comply with collective redundancy consultation obligations from 90 to 180 days’ pay, with effect from 6 April 2026. The Act also provides for an organisation-wide trigger for collective consultation across multiple establishments (inserting a new section 195A into the Trade Union and Labour Relations (Consolidation) Act 1992), sitting alongside the existing establishment-based trigger. The operative threshold is still to be set by secondary legislation, with the new threshold test expected to come into force in 2027.
David will tell you quickly whether your proposed process, timeline and documentation are defensible, and where the specific risks sit before you start.
36 Years Advising Employers on Redundancy and Restructuring
David Greenhalgh has advised employers on redundancy, restructuring and re-organisation projects for 36 years, including individual and collective consultation, selection pools and scoring, TUPE transfers, and the settlement negotiations that follow when an exit is agreed.
His advice is practical, not just a compliance checklist. David knows where redundancy processes actually break down: a pool drawn too narrowly, criteria applied without documented evidence behind the scores, or redeployment considered on paper only. That experience shapes every recommendation he makes, including what your process needs to survive scrutiny and what is adding risk for no real benefit.
The claims I see most often were avoidable. The business reason was genuine, but the process around it wasn't.
Hear how David approaches a settlement agreement.
A short introduction in plain English on what to expect from the process.
The Redundancy and Restructuring Risks Most Often Avoided Through Early Advice
A genuine business reason
David checks that the proposed redundancy reflects a genuine redundancy situation under section 139 of the Employment Rights Act 1996, rather than a process designed simply to remove a particular individual.
A defensible selection pool
A selection pool drawn too narrowly can create a significant unfair dismissal risk, particularly where it appears to have been designed around one employee. David reviews how the pool has been defined before the process begins.
Objective, evidenced selection criteria
Attendance records that include disability or pregnancy-related absence, undocumented scores for "attitude" or "fit," and last-in-first-out used on its own all carry discrimination risk. David checks the criteria and the evidence behind every score.
Consultation run at the right time
Consultation carried out after the decision has effectively been made is a frequent and avoidable failure. David advises on timing so consultation is genuine, not a formality.
Suitable alternative roles properly considered
Employers should genuinely consider suitable alternative employment before confirming redundancy. Where an employee accepts a suitable alternative role, they will normally have a four-week statutory trial period to assess whether it is suitable. David advises on how redeployment should be handled and documented.
Collective consultation thresholds and timelines
Collective consultation under section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 is currently triggered where 20 or more redundancies are proposed at one establishment within a 90-day period. Consultation must begin in good time and at least 30 days before the first dismissal takes effect, rising to 45 days where 100 or more redundancies are proposed. The Employment Rights Act 2025 also provides for a future organisation-wide trigger across multiple establishments, with the threshold to be set by secondary legislation.
Correct notice, pay and appeal rights
David checks that notice, statutory and any enhanced redundancy pay, and a right of appeal are built into the process from the outset, not added as an afterthought.
Settlement terms where an exit is agreed
Where a redundancy resolves by agreement rather than through the full process, David negotiates and documents the settlement terms on the employer's behalf.
Recent Redundancy and Restructuring Outcomes
Case studies are anonymised. Past outcomes are not a guarantee of future results.
Send David Your Details for a Same-Day Response
Fill in the form below and we'll get back in touch with you.
No obligation. Your details are used only to respond to your enquiry.
Speak to David's team directly.
Completing the contact form is the fastest way to get support. Alternatively, you can reach us by phone:
020 3667 9935- Confidential same-day review of your process
- David will confirm the fee position with you before you proceed.
From First Call to Resolution
Initial call
David finds out the scale of the exercise, the business reason, and your proposed timeline.
Response within hours.Review and advice
David reviews your selection pool, criteria and documentation against the legal tests, and flags what needs to change.
Same day.Process support
David advises through consultation, selection scoring, redeployment and appeal, so the process stays defensible at every stage.
Days.Sign-off
David helps you complete the process, document the outcome and address any remaining risks, or negotiate a settlement where an agreed exit better serves the business.
ResolvedWhat Clients Say About Working With David
Exceptionally responsive and knowledgeable, with outstanding tactical insight. Truly one of the best employment solicitors I've encountered – I highly recommend their services.
Great service! David really knows his stuff and works hard to get a good result for his clients.
If you are looking for the best then look no further. David provides honest and trustworthy advice that is easy to digest.
David is a great employment lawyer and an exceptional professional. I would highly recommend David.
Redundancy and Restructuring, Answered
The questions David is asked most often before clients pick up the phone.
View full FAQ →Collective consultation under section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 is currently required where an employer proposes 20 or more redundancies at one establishment within a 90-day period. Consultation must begin at least 30 days before the first dismissal takes effect, rising to 45 days where 100 or more redundancies are proposed. The Employment Rights Act 2025 also provides for an organisation-wide trigger for redundancies spread across multiple establishments, with the operative threshold still to be set by secondary legislation.
Criteria that are not objective, not consistently applied, or not properly evidenced are one of the most common grounds for a successful unfair dismissal or discrimination claim. Under the Polkey principle a tribunal may reduce compensation by the chance the same outcome would have been reached with a fair process, but that does not prevent the dismissal being found unfair in the first place.
Employers should genuinely consider whether suitable alternative employment is available before confirming redundancy. Where an employee accepts an alternative role, they will normally have a four-week statutory trial period. If the role proves unsuitable during that period, they may still retain their entitlement to statutory redundancy pay.
Statutory redundancy pay is half a week’s pay for each full year of service under age 22, one week’s pay for each full year from age 22 to 40, and one and a half weeks’ pay for each full year aged 41 or over, with service capped at 20 years. For redundancies on or after 6 April 2026, weekly pay is capped at £751, giving a maximum statutory redundancy payment of £22,530.