Being told your job is “at risk” is one of the most stressful moments of a working life. Many employees assume that because the word “redundancy” has been used, there is nothing they can do. That is not true.
In the UK, redundancy is a legal process, not just a business decision. If your employer cuts corners, picks the wrong people or uses redundancy as a cover for something else, the dismissal may be unfair. Some of the rules have also just become more favourable to employees.
This guide explains what a genuine redundancy looks like, the seven red flags that suggest yours may not be, what you may be owed, and how long you have to act.
What Is a Genuine Redundancy in the UK?
A dismissal is for redundancy when the employer no longer needs as many employees to do work of a particular kind. Typical situations include:
- The business is closing, or closing a particular site.
- The role you do has disappeared or is no longer needed.
- The business needs fewer people to do the same work.
Redundancy is a potentially fair reason for dismissal, but only if the employer follows a fair process. Having a genuine reason is not enough on its own.
7 Red Flags That Your Redundancy May Be Unfair
1. The Role Has Not Really Disappeared
If you are made redundant and a new person is hired into the same job, or your duties are quietly handed to someone else under a different title, the redundancy may be a sham. Employers sometimes use redundancy to remove an employee they do not want to manage out through a proper capability or disciplinary process.
2. There Was No Consultation, or It Was a Tick-Box Exercise
Fair redundancy normally involves meaningful consultation. You should be told why your role is at risk, given the chance to put forward alternatives, and have your views genuinely considered. A single meeting where the decision has clearly already been made is a serious warning sign.
3. The Selection Criteria Were Unfair or Not Disclosed
When a group of employees does similar work, the employer must choose who is made redundant using fair, objective criteria, such as skills, qualifications, disciplinary record and performance measured consistently. Be wary if:
- the criteria were never shared with you
- scoring was subjective or cannot be explained
- the “pool” of employees was drawn so that you were deliberately included
4. The Real Reason Is Discriminatory
Selecting someone because of pregnancy or maternity leave, sickness or disability, age, race, sex, religion or another protected characteristic can amount to unlawful discrimination, not just unfair dismissal. Unlike ordinary unfair dismissal, discrimination claims do not depend on how long you have worked for the employer.
5. You Were Selected for Raising a Complaint
If you were made redundant shortly after raising a grievance, reporting a health and safety concern, blowing the whistle or asserting a statutory right, the timing deserves close scrutiny. Dismissal for these reasons can be automatically unfair.
6. You Were Not Offered Suitable Alternative Employment
Employers are expected to look for other suitable roles within the business, including those at associated companies. If a vacancy existed that you could have done and you were never told about it, that can make the dismissal unfair. Employees who are pregnant or on maternity leave have extra protection and priority for suitable alternative vacancies.
7. Collective Consultation Was Skipped
When an employer proposes 20 or more redundancies at one establishment within 90 days, it must carry out collective consultation with employee representatives and notify the government. Failure to do this can lead to a protective award.
This is now much riskier for employers. The cap on protective awards increased on 6 April 2026, to 180 days’ uncapped pay per employee. Before that date, the cap was 90 days’ uncapped pay per employee. The higher cap applies where dismissals take effect on or after 6 April 2026. Further changes to the collective consultation trigger are expected in 2027.
What Are You Entitled To If You Are Made Redundant?
Depending on your circumstances, you may be entitled to:
- Notice or pay in lieu of notice, under your contract or the statutory minimum, whichever is greater
- Statutory redundancy pay, if you have at least two years’ continuous service. This is based on your age, length of service and a capped weekly pay figure
- Holiday pay for untaken annual leave
- Reasonable time off to look for new work or arrange training
- A right to be consulted and considered for suitable alternative roles
Your contract or employer’s policy may offer more than the statutory minimum, so always check your paperwork.
How Long Do You Have to Bring a Claim? (Important Update)
This is the part many employees miss, and it has just changed in your favour. The extension of employment tribunal claim time limits from three months to six months came into force on 1 October 2026. The change is not retrospective, so a dismissal effective on 30 September still carries three months.
In practice:
- If your dismissal took effect on or after 1 October 2026, you generally have six months less one day to bring a claim.
- If it took effect before 1 October 2026, the old three-months-less-one-day limit still applies.
- You must usually go through Acas Early Conciliation first, which can pause the clock.
Do not treat the longer window as a reason to wait. Evidence is easier to preserve early, and early advice can sometimes resolve the matter without a tribunal. For more detail, read our guide on employment tribunal time limits.
What Should You Do If You Think Your Redundancy Is Unfair?
- Keep every document. Save emails, letters, selection scores, meeting invitations and any notes you made.
- Ask for the selection criteria and your scores in writing.
- Attend all consultation meetings and put your suggestions and questions in writing.
- Appeal if your employer offers an appeal. Do this within their deadline.
- Do not sign anything in a rush. If you are offered a deal, read our guide on settlement agreements first, because signing usually means giving up your right to claim.
- Take legal advice early, ideally before you accept or sign anything.
If your employer’s conduct has been so poor that you feel you cannot continue working there, you may also want to read about constructive dismissal. The wider picture of upcoming reforms is covered in our Employment Rights Act 2025 explainer.
A Note for Employers
If you are planning a restructure, a fair process protects your business as much as it protects your staff. Clear business reasoning, objective selection criteria, genuine consultation and documented consideration of alternatives all reduce your exposure. With higher protective award penalties and longer claim windows, the cost of getting it wrong has increased. Our employment law services for employers can help you plan before you act.
Frequently Asked Questions
Can I be made redundant while on maternity leave or sick leave?
Yes, if the redundancy is genuine, but extra protections apply. Selecting someone because of pregnancy, maternity or disability can be unlawful discrimination, and employees on maternity leave get priority for suitable alternative vacancies.
Can my employer replace me after making me redundant?
If your role is refilled soon afterwards, the redundancy may not have been genuine. Keep evidence of any advert or new hire.
Do I get redundancy pay if I have less than two years’ service?
Statutory redundancy pay normally requires two years’ continuous service, but you may still have rights to notice, holiday pay and protection from discrimination or automatically unfair dismissal. Your contract may also give you more.
Can I negotiate a better redundancy package?
Often, yes. Where there are weaknesses in the process, employers may be willing to improve an offer, especially through a settlement agreement.
Do I have to accept an alternative role?
You may be entitled to a statutory trial period of four weeks in a new role. If the role is suitable and you unreasonably refuse it, you may lose your redundancy pay.
Think Your Redundancy Isn’t Fair? Speak to Maison Lex
Redundancy cases turn on details: the reason, the process, the selection and the timing. At Maison Lex, our employment solicitors in Coventry advise employees and employers across the UK on redundancy, settlement agreements and unfair dismissal.
Contact us today for clear, practical advice before you sign anything or miss a deadline.
📞 +44 7500 980526 | ✉️ info@maisonlex.co.uk
This article is for general information only and does not constitute legal advice. Employment law is changing under the Employment Rights Act 2025, and your situation depends on its facts.
