If you have been told your role is at risk, offered voluntary redundancy, selected for redundancy, or dismissed after a redundancy process, our experienced redundancy solicitors can help you understand your rights and protect your position.
Redundancy is a type of dismissal, but it must be genuine and handled fairly. If your employer has failed to consult properly, used unfair selection criteria, ignored suitable alternative employment, withheld redundancy pay, or used redundancy as a reason to remove you unfairly, you may be able to challenge the decision and bring an unfair dismissal claim.
We advise employees across England and Wales on redundancy, unfair redundancy claims, settlement agreements, redundancy payment disputes, unfair dismissal after redundancy, discrimination, notice pay, holiday pay, appeals, and Employment Tribunal claims. Our employment lawyers provide clear, practical and strategic advice from the first consultation through to negotiation, ACAS Early Conciliation, settlement, or tribunal proceedings.
Speak to Redundancy Solicitors who understand your rights
Being made redundant can affect your income, career, confidence and family life. You may be asking: can I claim unfair dismissal after redundancy, how long after redundancy can you claim unfair dismissal, can I take redundancy and claim unfair dismissal, or what happens if my employer did not follow a fair process? Our redundancy solicitors will review the facts, explain your options in plain English, and help you decide whether to negotiate, appeal, make a claim for unfair dismissal redundancy, or seek a better settlement package.
Get in touch today by calling 0800 086 2929, emailing info@elitelawsolicitors.co.uk or complete our Free Online Enquiry Form to book a free initial consultation with one of our redundancy solicitors.
When is Redundancy fair?
A redundancy situation may be genuine where an employer needs fewer employees to do particular work, closes part of the business, changes location, restructures, or reduces roles because of financial or operational needs. However, even where there is a genuine redundancy situation, your employer must still act fairly. This usually means warning you, consulting with you, considering ways to avoid redundancy, applying fair selection criteria, exploring suitable alternative employment, giving proper notice, and paying any redundancy pay and other sums due.
If your employer has already decided the outcome before consultation, selected you because of pregnancy, maternity, disability, age, sex, race, whistleblowing, part-time status, trade union activity, or another unlawful reason, redundancy may amount to unfair dismissal, discrimination, or automatic unfair dismissal.
How our Redundancy Solicitors can help
- Review whether your redundancy is genuine or a sham redundancy.
- Advise on whether the redundancy consultation process was fair.
- Check your redundancy selection pool, scoring and criteria.
- Explain whether you can claim unfair dismissal if made redundant.
- Advise on statutory redundancy pay, contractual redundancy pay, enhanced redundancy pay, notice pay and holiday pay.
- Help you appeal redundancy or respond to an at-risk letter.
- Negotiate a better redundancy package or settlement agreement.
- Support you with ACAS Early Conciliation and Employment Tribunal claims.
- Advise on discrimination, whistleblowing, pregnancy, maternity and disability-related redundancy issues.
- Help employers manage redundancy processes lawfully and reduce tribunal risk.
Can I claim Unfair Dismissal after Redundancy?
Yes, you may be able to claim unfair dismissal after redundancy if you are an employee with the required qualifying service and your employer did not have a fair reason, did not follow a fair procedure, or acted unreasonably. Common examples include a pre-determined outcome, no meaningful consultation, unfair scoring, a selection pool designed to target you, failure to consider suitable alternative roles, failure to offer available vacancies, or using redundancy to hide performance, conduct, sickness absence, grievance, whistleblowing, discrimination or workplace conflict issues.
If you are wondering “can you claim unfair dismissal if made redundant?”, the answer depends on the facts, your employment status, length of service, the redundancy process, the reason for selection, and whether your employer acted reasonably. Our redundancy solicitors can assess the prospects of your unfair redundancy claim and advise on the strongest next steps.
Unfair Redundancy claims
An unfair redundancy claim may arise where the employer has not handled the redundancy fairly. You may have a claim for unfair redundancy if there was no genuine redundancy situation, your job still exists, someone else was hired to do your role, your employer failed to consult, the selection criteria were subjective or discriminatory, the scoring was inaccurate, or you were not considered for suitable alternative employment.
Many employees also ask whether they can make a claim for redundancy and unfair dismissal. Statutory redundancy pay and unfair dismissal compensation are different. Redundancy pay compensates you for losing your role in a genuine redundancy situation, while unfair dismissal compensation may be available if the dismissal was unfair. In some cases, you can receive redundancy pay and still challenge the fairness of the dismissal.
Redundancy Consultation: What should happen?
Your employer should consult with you before making a final decision. Consultation should usually explain why redundancies are being considered, which roles are at risk, how employees will be selected, what alternatives have been considered, and whether there are suitable alternative vacancies. Consultation should be meaningful, not a box-ticking exercise. If your employer has already made up its mind, the process may be unfair.
Where an employer proposes 20 or more redundancies within a set period, collective consultation rules may apply. Depending on the number of proposed redundancies, consultation may need to begin at least 30 or 45 days before dismissals take effect. A failure to consult properly can lead to significant claims, including protective awards in collective redundancy cases.
Redundancy Pay, Notice Pay and Settlement Agreements
You may be entitled to statutory redundancy pay if you are an employee with at least two years’ continuous service. The amount is based on your age, length of service and weekly pay, subject to statutory limits. You may also be entitled to contractual or enhanced redundancy pay, payment in lieu of notice, accrued holiday pay, bonus or commission, and other contractual benefits.
If you have been offered a settlement agreement, our redundancy solicitors can review the terms, explain what claims you are being asked to waive, advise whether the compensation is reasonable, negotiate improvements where appropriate, and provide the independent legal advice required for the agreement to be valid.
How long after Redundancy can you claim Unfair Dismissal?
Strict time limits apply. In most unfair dismissal and redundancy unfair dismissal claim cases, you must start ACAS Early Conciliation within three months less one day of the effective date of termination. Time limits can be complicated and missing them can prevent you from bringing a claim. If you think your redundancy was unfair, you should seek advice as soon as possible.
Redundancy and Constructive Dismissal
Some employees resign before dismissal because the redundancy process, conduct of managers, changes to their role, or treatment at work has become intolerable. This may raise questions such as what is constructive dismissal, what does constructive dismissal mean, how to claim constructive dismissal, how to prove constructive dismissal, and what is the average payout for constructive dismissal UK.
Constructive dismissal claims are complex and evidence-led, so you should take advice before resigning if possible. To find out more, you can read our complete guide on Constructive Dismissal claims.
Dismissal, Misconduct and Redundancy: Understanding the difference
Redundancy should not be used to disguise another reason for dismissal. If the real issue is conduct, performance, sickness absence or a workplace dispute, different legal rules may apply.
Employees often need answers to the following questions:
- Can I be sacked without a written warning?
- Does gross misconduct always lead to dismissal?
- How long does gross misconduct stay on your record?
- Can you get sacked for being sick?
- How do you avoid dismissal for gross misconduct?
- What does misconduct mean?
- What is classed as gross misconduct?
If redundancy has been used as a cover for dismissal, we can help you challenge the process and consider whether you have an unfair dismissal, discrimination or breach of contract claim. To find out more on gross misconduct, you can read our complete guide to gross misconduct at work.
For Employers: Redundancy Process and Risk Management
We also advise employers on how to dismiss an employee fairly where redundancy is genuinely necessary. Our employment solicitors can help you plan a lawful redundancy process, identify selection pools, draft consultation documents, apply objective scoring, manage appeals, consider suitable alternative employment, prepare settlement agreements, and reduce the risk of unfair dismissal and discrimination claims.
Why Choose Our Redundancy Solicitors?
- Specialist employment law expertise: We advise on redundancy, unfair dismissal, constructive dismissal, discrimination, settlement agreements and Employment Tribunal claims.
- Clear, practical advice: We explain your legal position, likely outcomes, risks, costs and timescales in straightforward language.
- Strategic negotiation: We can help improve redundancy packages, protect your reputation and seek commercial resolution where possible.
- Tribunal-ready support: Where settlement is not possible, we can help you prepare and pursue or defend Employment Tribunal proceedings.
- Local and national support: We advise clients across England and Wales by phone, video call and in person where available.
Frequently Asked Questions for our Redundancy Solicitors
Can I claim unfair dismissal if made redundant?
You may be able to claim unfair dismissal if your redundancy was not genuine, the process was unfair, you were selected unfairly, or your employer failed to consider alternatives. The strength of your claim will depend on your employment status, length of service, the evidence and the procedure followed.
Can I take redundancy and claim unfair dismissal?
In some circumstances, yes. Accepting redundancy pay does not always prevent an unfair dismissal claim. However, signing a settlement agreement usually waives claims, so you should take legal advice before signing anything.
Can you claim unfair dismissal if you take voluntary redundancy?
It may be possible, but it depends on whether your decision was genuinely voluntary and whether there were legal issues such as pressure, misrepresentation, discrimination or an unfair process. A solicitor can review the circumstances and advise whether a claim is realistic.
What constitutes unfair dismissal in redundancy?
Unfair dismissal may occur where there is no genuine redundancy reason, the selection process is unfair, consultation is inadequate, the employer ignores suitable alternative employment, the process is discriminatory, or the employer acts outside the range of reasonable responses.
What is the average payout for unfair dismissal UK?
Compensation depends on factors such as lost earnings, age, length of service, future loss, mitigation, contributory conduct and statutory caps. There is no reliable “average payout” that applies to every case. We can assess the likely value of your claim based on your circumstances.
Can I sue my employer after redundancy?
You may be able to bring an Employment Tribunal claim or other legal claim depending on what happened. Potential claims may include unfair dismissal, discrimination, breach of contract, unlawful deduction from wages, failure to pay redundancy pay, or failure to consult.
Contact our Redundancy Solicitors today
If you are at risk of redundancy, have already been dismissed, want to appeal, need advice on a settlement agreement, or are considering an unfair dismissal claim after redundancy, contact our redundancy solicitors today. Early advice can help you protect your rights, avoid mistakes, meet strict time limits and improve your negotiating position.
We can assist clients looking for redundancy solicitors in Amersham, Bath, Brighton, Guildford, Hitchin, Leighton Buzzard, London, Milton Keynes, Southampton, Surbiton, Winchester and surrounding areas. We also offer remote appointments via video conferencing software, making it straightforward to obtain redundancy pay advice wherever you are based in England or Wales.
Contact us today by calling 0800 086 2929, emailing info@elitelawsolicitors.co.uk or complete our Free Online Enquiry Form to book a free initial consultation with one of our redundancy solicitors.
