6 October 2026
Redundancy and restructuring is not an exercise that any organisation takes lightly and requires careful legal consideration to avoid the risk of an employment tribunal or reputational damage.
The below steps will help ensure your process is fair, protects your organisation, and reduces the risk of unfair dismissal claims.
The Employment Rights Act 1996 identifies three situations in which the statutory definition of redundancy is met:
Redundancy is a potentially fair reason for dismissal and is used in situations where an employer has a need to reduce the number of its employees, either within the organisation as a whole, or within a particular site, function or job role.
An employer may decide to make redundancies for a variety of reasons including for example:
This is not an exhaustive list, and legal guidance should be taken before any action is taken to ensure that your reasons meet the statutory requirements.
Redundancy is a no-fault dismissal. The reasons for the redundancy must be objective and focussed on the organisation’s needs rather than an opportunity to shed underperforming or difficult employees.
There are two main risks:
The organisation must carefully consider the reason for the redundancies and be able to show that there are genuine organisational reasons to reduce staff.
Even if you have a very good reason for making redundancies, if you fail to follow a fair process you risk facing an unfair dismissal claim.
A significant proportion of tribunal claims are triggered by poor communication and misunderstandings.
If you do not explain your reasoning and follow a fair process, your staff are likely to make assumptions about your motives.
An employment tribunal will not interfere with an employer’s freedom to make business decisions, but you will be required to show that you have a genuine redundancy situation.
The first step is to identify genuine business reasons for redundancy. You will need to demonstrate that job roles, not individuals, are at risk and why.
This involves a thorough evaluation of operational needs and should be documented clearly to avoid disputes or accusations of unfair dismissal.
You should explore alternatives such as:
Offering hybrid working arrangements or part-time positions can help to retain valuable employees while addressing cost-saving needs.
You should keep a log of all options you have considered and the reasons those options are not suitable.
You do not need to offer voluntary redundancy, but you should be able to explain your position on this.
You will need to prepare and set out how you propose to select who will be at risk of redundancy.
This might be straight forward if you are removing a unique role but if you are reducing the number of employees in a specific role then you will need to consider a fair selection criteria. This can include:
A redundancy consultation process is a legal requirement designed to keep employees informed and ensure fair treatment.
Your aim is to ensure that this is a genuine engagement with affected employees. You should be open to considering their views and potentially changing the plan.
You do not need to consult on the reason for the proposed redundancies, but you do need to consult on how you propose to make those changes. This includes:
There are legal obligations to undertake a collective consultation if you are proposing to dismiss 20 or more employees within a 90-day period.
There are very specific rules around collective consultation and, financial penalties for failing to comply with those rules.
Collective consultation means consulting with representatives on behalf of all affected employees.
If you do not recognise a union or already have an elected staff forum, you will need to fairly elect representatives.
Individual consultation is also important as you need to discuss with each employee how this proposal will affect them directly.
Employees have the right to be accompanied at these meetings.
A redundancy dismissal will be deemed unfair if an employer fails to consider whether or not any suitable alternative employment exists within the business.
This should be discussed with the employee during the consultation meetings. This is not a one-off decision. An employer is required to continue to review options for alternative roles right up to the last day of employment.
Whilst an employer is not expected to create roles for individuals at risk of redundancy, a reasonable search for existing roles should be conducted. It is advisable to document this search to demonstrate compliance.
You have specific obligations to offer a suitable alternative vacancy to an employee who is pregnant and up to 18 months after the date of childbirth.
This does not limit your right to undertake a fair and objective selection for redundancy. This means that employers will be under a duty to offer any suitable alternative employment to these employees before other redundant employees.
If and when redundancies are made, the employer must ensure that each employee is paid any statutory redundancy entitlement, their notice entitlement (if they are not working their notice) and any outstanding untaken holiday accrual. Employers should also ensure such payments are compliant with any contractual redundancy policies should these exist.
If payment in excess of employees’ contractual rights and/ or statutory entitlement is being offered, it may be sensible to make such an offer conditional upon a settlement agreement.
This will eliminate the risk of future claims being pursued by an employee . Legal advice will need to be obtained by the employee for a settlement agreement to be legally binding.
What should the letter contain:
The timeline will vary depending on the number of employees affected and the complexity of the situation.
For small-scale redundancies, the process may take a few weeks, while larger, collective redundancies involving 20 – 99 employees require a minimum 30-day consultation period.
Here is a simplified timeline of what a redundancy process could be:
| Step | Actions/Points for discussion |
| First (open) staff meeting | Employer should inform staff of: · The reasons for redundancy · The numbers expected to be dismissed · Who is in the pool of employees at risk · The consultation period · The process of selection, including the criteria for assessment and the timetable · The right of appeal · Opportunities for redeployment · That there will be individual consultation and further open meetings (general workplace consultation) – Give staff the opportunity to ask questions |
| Letter to individual employees in selection pool informing them of risk of redundancy | The letter should: · Confirm they are at risk of redundancy · Explain the selection criteria · Identify the options of voluntary redundancy, redeployment and compensation for redundancy · Invite them to consider ways of minimising the impact of the redundancy situation · Refer to further meetings to consult on an individual basis (with the right to be accompanied) |
| Second (open) staff meeting (if appropriate/or needed) | · Give more details of forthcoming assessments. · Give staff the opportunity to propose ways of minimising the impact of redundancy |
| Carry out the selection assessment (i.e. score staff in the pool against the criteria) | |
| Inform staff who are provisionally selected for redundancy, and invite them to first individual consultation meetings, and also inform those staff who are provisionally not selected | |
| First individual consultation meetings | Discuss selection for (and alternatives to) redundancy. |
| Invite staff to second individual consultation meetings | |
| Second individual consultation meetings | Discuss selection for (and alternatives to) redundancy |
| Send notices of dismissal | Clear termination date, when payments for redundancy will be made. Detail right to appeal dismissal, process and timeframes for doing so |
| Deal with any appeals |
Restructuring refers to changes in a company’s organisational structure to improve efficiency. This may lead to changes in roles, responsibilities, or job titles.
However, restructuring doesn’t always lead to redundancies – employees can often be reassigned to new positions.
Where job restructuring occurs, employers need to offer alternative employment options. It’s important that these changes are clearly communicated to the workforce to maintain morale and avoid confusion.
Following a fair redundancy process is essential to protecting the business and avoiding unfair dismissal claims.
Employers must ensure that redundancies are handled transparently and in compliance with employment law to protect both the business and its employees.
When an employer is conducting a restructure its vital to ensure fairness and legal compliance. The selection criteria should be free from bias, helping employers to avoid claims of discrimination.
When selecting employees for redundancy the following should be considered:
When going through a restructure, it’s essential that the process is well documented, and the same process is applied consistently across all employees to avoid any claims of unfairness.
Therefore, employers should ensure that the process is transparent and communicated to employees, providing them with an opportunity to raise concerns if they feel the criteria has not been applied fairly.
6 October 2026
8 September 2026
26 August 2026