Is this article legal advice?

No. This article is general information only — it explains how the law works in broad terms. It does not take your personal circumstances into account and does not create any lawyer-client relationship. For advice about your own situation, use the Law Society's Find a Solicitor tool, or seek free guidance from Citizens Advice.

Where can I read the original law this article is based on?

All UK Acts of Parliament and statutory instruments are published in full on legislation.gov.uk, maintained by The National Archives. Court judgments are published on BAILII. If this article cites a specific statute or case, the citation in the article links directly to the relevant section.

How do I know this article is up to date?

Each article shows a "reviewed" date in the byline. When a relevant law changes, we update the article and revise the date. For the most current version of any statute, always check legislation.gov.uk — it marks sections that have been amended or are not yet in force. Bills moving through Parliament are tracked on Parliament.uk.

Can I share or quote this article?

You may share the link to this page. If you quote from it, please attribute it to LawTheGuide and note the date you accessed it, as content may be updated. For official or formal use, always cite the primary source — the statute or judgment — rather than this article. The official text is what courts and tribunals apply.

What if the law is different in my country or region?

Each article notes the jurisdiction it covers. Most LawTheGuide content covers England and Wales civil law. Scotland, Northern Ireland, and other countries have different legal systems — some rules are the same, many are not. mygov.scot covers Scottish law, and nidirect.gov.uk covers Northern Ireland. For other jurisdictions, seek local legal advice.

Your rights if you are facing redundancy — from consultation to final payment — Articles

Being told you are at risk of redundancy is stressful, but you have significant legal rights throughout the process. This article sets out what your employer must do, what you are entitled to receive, and when a "redundancy" might actually be an unfair dismissal in disguise.

What counts as genuine redundancy?

Redundancy has a precise legal definition under the Employment Rights Act 1996, s.139: your employer is closing the whole business, closing the specific site where you work, or there is a reduced need for employees doing work of the kind you do. If your employer replaces you with someone else doing the same job, promotes a colleague into your role, or creates a new role with the same duties under a different title, it is not genuine redundancy — it may be unfair dismissal.

The right to consultation

Before dismissing you, your employer must genuinely consult you — not simply announce a decision. For collective redundancies (20 or more employees at one establishment within 90 days), there are statutory minimum consultation periods: 30 days for 20–99 redundancies, 45 days for 100 or more. For any redundancy, individual consultation must be genuine: your employer must explain the reasons, discuss alternatives (redeployment, reduced hours, voluntary redundancy), and consider your representations. A single brief meeting with a predetermined outcome is not genuine consultation. See the redundancy consultation rights guide for a step-by-step approach.

The right to be accompanied

At any formal redundancy meeting, you have the right to be accompanied by a trade union representative or a fellow employee under the Employment Relations Act 1999, s.10. You must make the request reasonably in advance. If your employer refuses, you can complain to the Employment Tribunal.

The right to challenge your selection

Employers must use objective, verifiable selection criteria — such as attendance records, skills assessments, or qualifications. Criteria that are subjective (such as "attitude" or "team player") are more open to challenge. If you believe you were selected for a discriminatory reason — age, pregnancy, disability, or trade union membership — you can claim automatically unfair dismissal, which does not require two years' continuous service and has no cap on compensation. Ask your employer to show you your selection scores and the scores of comparable employees.

Statutory redundancy pay

If you have two or more years of continuous employment, you are entitled to statutory redundancy pay calculated on age, length of service, and weekly pay (capped at £643 per week in 2026). For each complete year of employment: under 22 — half a week's pay; 22–40 — one week's pay; 41 and over — one and a half weeks' pay. Use the GOV.UK redundancy calculator to get an exact figure. Your contract may provide enhanced redundancy pay — check it carefully. For the calculation in detail, see the redundancy pay calculation guide.

Notice pay and holiday pay

Alongside redundancy pay, you are entitled to your contractual or statutory notice period (whichever is greater) and payment for any accrued but untaken holiday. Under ERA 1996, s.86, the statutory minimum notice is one week per year of service up to 12 weeks. If your employer ends your employment without notice (or gives less than the contractual period), that is a breach of contract — known as wrongful dismissal — separate from any unfair dismissal claim.

Time off to look for work

Under ERA 1996, s.52, once you have been given notice of redundancy, you are entitled to reasonable paid time off during working hours to look for another job or arrange training. The right applies only to employees with two or more years' service. If your employer refuses, you can complain to the Employment Tribunal.

When redundancy is actually unfair dismissal

A redundancy is automatically unfair if you were selected because of: trade union membership; pregnancy, maternity leave, or parental leave; a protected disclosure (whistleblowing); or exercising a statutory right (such as requesting flexible working). Even where the selection reason is not automatically unfair, a redundancy can be unfair if the process was inadequate — no genuine consultation, no consideration of alternatives, no right of appeal. An unfair dismissal claim requires (in most cases) two years' continuous service and must be brought within three months (minus one day) of the dismissal date. See the unfair dismissal claim guide for the full process.

Key timelines and practical steps

As soon as you receive notice that you are at risk: (1) write down every consultation meeting date and what was said; (2) ask for your selection scores in writing; (3) check your contract for enhanced terms; (4) begin ACAS Early Conciliation within three months of dismissal if you intend to claim. The limitation periods article sets out the ET time limits in detail.

This article is for general information only and is not legal advice. Always check the official source and consult a qualified lawyer for your situation.