Immediate Action Checklist

Section 1: Understanding Redundancy Rights and Immediate Documentation

Legal Framework for Consultation

Under UK law, employees have a statutory right to meaningful consultation when facing redundancy. If an employer proposes 20 or more redundancies within a 90-day period, they must adhere to collective consultation rules, which mandate discussions with trade union representatives or elected employee representatives. For smaller-scale redundancies, employers are still legally obliged to conduct individual consultations, ensuring employees understand the rationale for redundancy and have opportunities to propose alternatives.

The consultation process must address:

• The business rationale for redundancies
• Efforts to avoid or minimize job losses
• Selection criteria and scoring methodologies
• Opportunities for alternative roles within the organization

Failure to comply with these requirements can render the dismissal unfair, opening the door to tribunal claims.

Essential Documents to Request

On the first day of redundancy discussions, employees should formally request the following documents to ensure transparency and accountability:

1. Redundancy Selection Criteria
   Employers must provide written details of the criteria used to select employees for redundancy, such as performance metrics, disciplinary records, or skills assessments. These criteria must be objective and non-discriminatory; subjective measures like “attitude” may be challenged at tribunal.
2. Scoring Matrices and Individual Scores
   Employees have the right to review their redundancy scores and compare them against colleagues in the same selection pool. Discrepancies or inconsistencies in scoring could indicate procedural unfairnes.
3. Organizational Restructuring Plans
   Request copies of current and proposed organizational charts to understand how roles are being consolidated or redistributed. This helps identify whether your duties are merely being reassigned to other employees—a factor that could invalidate the redundancy.
4. Equality Impact Assessments
   Employers must demonstrate that redundancies do not disproportionately affect protected groups (e.g., based on age, gender, or disability). If such assessments are absent, this may constitute indirect discrimination.
5. Written Records of Consultations
   After each meeting, employers should provide minutes outlining discussion points, alternatives considered, and decisions made. These records are critical evidence if disputes arise.

Section 2: Key Questions to Pose During Initial Consultations 

Challenging the Basis for Redundancy

Employees should adopt a structured approach to questioning during consultations:

1. Rationale for Redundancy

• “Can you provide specific data demonstrating a diminished need for my role?”
• “Has the company explored alternatives like reduced hours, furlough, or voluntary redundancy schemes?”.

2. Selection Process

• “How were the selection criteria weighted, and who was responsible for scoring?”
• “May I review anonymized scores of colleagues in my pool to ensure consistency?”.

3. Alternative Roles

• “What vacancies exist elsewhere in the organization, and when will I receive details?”
• “Am I entitled to a trial period for alternative positions?”.

4. Redundancy Package

• “Will my payment include statutory entitlements only, or enhanced terms?”
• “How is my weekly pay calculated for redundancy purposes, and does it include bonuses/commission?”.

Section 3: Critical Timelines and Deadlines 

Consultation Periods

• Collective Redundancies (20–99 employees): Consultation must begin at least 30 days before dismissals17.
• Large-Scale Redundancies (100+ employees): Consultation extends to 45 days.
• Individual Redundancies: While no statutory minimum exists, tribunals expect “reasonable” time for dialogue—typically 2–4 weeks depending on complexity.

Notice Periods

Statutory notice periods are determined by length of service:

• 1 month–2 years: 1 week’s notice
• 2–12 years: 1 week per year of service
• 12+ years: 12 weeks’ notice

Employers may offer payment in lieu of notice (PILON) if contractual terms permit.

Tribunal Claim Deadlines 

• Unfair Dismissal Claims: Must be filed within 3 months minus 1 day of the dismissal date
• Statutory Redundancy Pay Disputes: Extended to 6 months minus 1 day
• ACAS Early Conciliation: Required before tribunal claims, adding up to 6 weeks to the process

Section 4: Calculating Redundancy Compensation

Statutory Redundancy Pay Formula 

Eligible employees (2+ years of service) receive:

• Ages 18–22: 0.5 weeks’ pay per year of service.
• Ages 23–40: 1 week’s pay per year.
• Ages 41+: 1.5 weeks’ pay per year

The weekly pay is capped at £700 (2025 figure), with a maximum of 20 years’ service.

Example Calculation:

A 45-year-old employee with 10 years’ service earning £800/week:

10 × 1.5 × £700 = £10,500

Enhanced Packages 

Some employers offer additional terms, such as:

• Lump sums based on seniority.
• Extended notice pay beyond statutory minima.
• Outplacement support (e.g., CV workshops)

Section 5: Tribunal Preparedness and Evidence Gathering

Building a Strong Case:

1. Document All Communications
   Save emails, meeting notes, and letters related to the redundancy process. Annotate these with dates and contextual details

2. Identify Procedural Flaws
   Common grounds for unfair dismissal include:

• • Failure to consult adequately
  • Biased or inconsistently applied selection criteria
  • Ignoring viable alternative role

3. Quantify Financial Losses
   Calculate lost earnings, benefits, and pension contributions from dismissal to tribunal date. Subtract redundancy payments received

Key Tribunal Deadlines: 

Section 6: Free Resources for Redundancy Advice 

Government and Nonprofit Support:

1. ACAS Helpline
   Provides free guidance on redundancy rights and tribunal procedures
2. Citizens Advice
   Local branches assist with redundancy pay disputes and benefit claims
3. Jobcentre Plus Rapid Response Service
   Offers CV assistance, job searches, and training grants. Available during notice periods and up to 13 weeks post-redundancy
4. Trade Unions
   Union representatives can accompany employees in consultations and negotiate enhanced severance terms

Section 7: You need independent legal advice from a qualified professional (e.g. a solicitor or barrister)

Under Section 203(3) of the Employment Rights Act 1996, settlement agreements remain invalid unless employees receive independent legal advice from a qualified professional (e.g., solicitor, barrister, or union representative)37. This requirement ensures employees understand:

• The rights they waive (e.g., unfair dismissal claims, discrimination actions).
• The tax implications of termination payments.
• The enforceability of restrictive covenants.

The statutory framework imposes no obligation on employers to fund this advice6. However, the practical necessity of securing valid waivers creates an economic incentive for employers to contribute.

The Employment Appeal Tribunal’s 2019 ruling in Solomon v University of Hertfordshire established £500 + VAT as a benchmark for reasonable contributions in standard cases. Tribunals may view lower offers as evidence of procedural unfairness during redundancy challenges.

Contact us for a list of redundancy lawyers that offer free initial advice!