UK Employer Rules · 2026
Can my employer make me redundant?
Legal basis
Employment Rights Act 1996 ss.94-98, s.139 (definition of redundancy); s.135 (right to statutory redundancy pay); TULRCA 1992 s.188 (collective consultation if 20+ at one establishment in 90 days).
When they CAN do it
Your employer CAN make you redundant if: (1) the workplace is closing; (2) your specific role is no longer required; (3) the requirement for that type of work has reduced; AND (4) they follow a fair process — meaningful consultation, objective selection criteria applied fairly, search for suitable alternative employment, opportunity to appeal.
When they CANNOT do it
Your employer CANNOT: select you for redundancy because of pregnancy, maternity, sex, race, disability, age, religion, sexual orientation, or trade union membership (automatic unfair dismissal); make you redundant when the work still exists and is being given to someone else; skip consultation; use 'redundancy' as a sham to remove someone they don't want; refuse to consider you for available alternative roles.
What you should do
1) Read the consultation letter carefully — note dates and proposed selection criteria. 2) Engage with consultation meetings genuinely (don't just attend silently — ask questions, propose alternatives). 3) If selection criteria seem unfair, challenge in writing. 4) Apply for any internal alternative roles. 5) Calculate your statutory redundancy entitlement: 0.5/1.0/1.5 weeks' pay per year of service depending on age (capped at £700/week and 20 years). 6) Negotiate enhanced terms — many employers offer above statutory. 7) If unfair, raise grievance and consider tribunal claim within 3 months less 1 day from termination date.
Worked example
Tom (5 years' service, age 38) was placed at risk of redundancy in a 'restructure'. The selection matrix scored him low on 'flexibility'. He challenged the criterion as too subjective during consultation, asked for the scores of other people in the pool, and pointed out he'd never been given negative feedback on flexibility. The employer reviewed and added objective criteria. Tom was reselected, kept his job, and the colleague originally protected was made redundant instead.
Red flags — when to escalate
🚨 No consultation period (must be 'meaningful' — usually minimum 2-4 weeks). 🚨 Selection by manager's discretion only (no objective criteria). 🚨 Pregnant employees, maternity returners, or disabled employees being selected. 🚨 'Redundant' role being immediately re-advertised. 🚨 No mention of alternative employment.
Recruiter pro tip
Many redundancies are technically unfair but employers know most people don't claim. If you suspect unfairness, get advice within the first week of being told you're at risk. ACAS early conciliation is free and pre-tribunal. The 3-month deadline runs from the termination date, not the at-risk date — but evidence-gathering during consultation is critical. Always negotiate enhanced redundancy: many employers will pay 2-3× statutory to avoid tribunal risk.
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