Redundancy Consultation Rights Checker UK 2025 — Is Your Redundancy Process Lawful?
Being made redundant is one of the most stressful workplace experiences. But redundancy is only lawful if the employer follows the correct process — failure to consult properly can make a dismissal automatically unfair. This checker helps you assess whether your employer has followed the legal consultation requirements and what your rights are.
Unfair redundancy (procedural): claim within 3 months minus 1 day of dismissal. Contact ACAS for early conciliation first. Automatically unfair redundancy (protected reason): no minimum service required. Redundancy pay: statutory minimum requires 2 years service. Use our Redundancy Pay Calculator for the amount.
The Redundancy Consultation Process
Redundancy is only lawful if there is a genuine business reason (the role is no longer needed) and the correct process is followed. Failure to follow the process makes the dismissal procedurally unfair, even if there is a genuine redundancy situation. Courts and tribunals have consistently held that a fair redundancy requires:
- Warning — employees must be warned at risk of redundancy before final decisions are made.
- Genuine consultation — meaningful discussion about ways to avoid redundancy, reduce the number affected, and mitigate the effects. This must take place before the decision to dismiss is made.
- Fair selection pool — the group from which redundancies are selected must be fairly drawn and not manipulated to target specific individuals.
- Objective selection criteria — criteria such as attendance, skills, qualifications, performance, and length of service are generally acceptable. Subjective criteria like “attitude” or “team fit” alone are more vulnerable to challenge.
- Alternative employment — genuine consideration of and offer of any suitable vacancies before dismissal.
- Right of appeal — employees should be given the right to appeal the redundancy decision.
Collective Redundancy — Special Rules
When 20 or more employees are being made redundant at one establishment within 90 days, collective consultation rules apply under TULRCA 1992. The employer must:
| Number of redundancies | Minimum consultation | Notification to BEIS |
|---|---|---|
| 20–99 | 30 days before first dismissal | HR1 form to BEIS 30 days before |
| 100 or more | 45 days before first dismissal | HR1 form to BEIS 45 days before |
Failure to notify BEIS carries a fine of up to £5,000 per affected employee. Failure to consult carries a “protective award” of up to 90 days’ pay per affected employee.
Frequently Asked Questions
Yes — a pool of one is lawful in some circumstances, particularly where a genuinely unique role is being removed. However, the employer must still consult meaningfully and consider alternatives. If the “pool of one” is used to target a specific employee rather than for genuine business reasons, this can be challenged as an unfair selection.
Accepting voluntary redundancy does not necessarily waive your right to a statutory redundancy payment — you are still entitled to statutory redundancy pay if you qualify. However, be careful about signing a settlement agreement alongside a voluntary redundancy offer — you may be waiving your right to bring employment tribunal claims. Take independent legal advice before signing any settlement agreement.
Bumping is where an employee in a redundant role takes the job of a colleague who is then made redundant instead. It can be a reasonable alternative to dismissal in some cases — particularly where the “bumped” employee has shorter service or less critical skills. An employer’s failure to consider bumping does not automatically make a dismissal unfair, but it is a relevant factor in the overall fairness assessment.