I’ve Been Selected for Redundancy, Was the Process Fair
Being told that you have been selected for redundancy does not automatically mean the process was fair, but feeling that a decision is unfair does not by itself make it unlawful.
Being told that you have been selected for redundancy does not automatically mean the process was fair, but feeling that a decision is unfair does not by itself make it unlawful.
The useful questions are how the employer identified the roles at risk, how you were selected, whether consultation was genuine and whether an unlawful reason influenced the outcome.
Was there a genuine redundancy situation?
Redundancy generally concerns a reduced need for employees to carry out particular work, closure or workplace change.
A job title does not necessarily have to vanish word-for-word for a redundancy situation to exist, and somebody else doing some of your former tasks does not automatically prove the redundancy was false.
If the underlying reason is disputed, an employment-law adviser can examine what actually changed.
How was the selection pool chosen?
Where several people perform similar work, an employer may identify a group from which redundancies will be selected.
Ask who was included and why.
A pool that excludes obvious comparable employees or appears designed around one person may need closer examination, but there is no universal correct pool for every workplace.
Were the criteria objective and applied consistently?
Common criteria can include skills, qualifications, performance, disciplinary record and attendance.
The important issue is not only the label used but how the score was produced.
Ask for your scores and enough information to understand them. If a performance mark suddenly conflicts with years of appraisals, or an absence score appears to penalise disability-related absence, those facts may require closer consideration.
Some selection reasons are specifically protected
Government guidance lists reasons that can make redundancy selection unfair, including protected characteristics, pregnancy and family leave, trade-union matters, exercising statutory rights, health and safety activity and whistleblowing.
Disability discrimination can also arise where redundancy criteria disadvantage a disabled employee and legal obligations are not properly addressed.
A redundancy label does not give an employer permission to select someone for a prohibited reason.
Was consultation genuine?
Acas says consultation should take place before redundancy decisions and should include discussion of ways to avoid or reduce redundancies, selection criteria and concerns raised by employees.
Meaningful consultation does not mean the employer must agree with every suggestion.
It does mean there should be a genuine opportunity for proposals and concerns to be considered before the final decision.
Collective redundancies have additional rules
Where an employer proposes 20 or more redundancies at one establishment within the relevant period, collective consultation rules can apply.
Current Acas guidance says consultation must generally begin at least 30 days before the first proposed redundancy for 20 to 99 redundancies and at least 45 days for 100 or more.
Since 6 April 2026, the maximum protective award for failure to comply with collective consultation obligations has increased to 180 days’ pay per affected employee.
What should I keep?
Keep the at-risk letter, consultation notes, selection criteria, your scores, relevant appraisals, alternative-role information, emails and appeal documents.
If you believe a particular protected issue influenced selection, for example a disability, discrimination complaint or whistleblowing disclosure, preserve the chronology showing what happened before and after it.
That evidence is much more useful than trying to reconstruct events later.
Last reviewed
6 September 2026
Important informationThis guide provides general information only and does not constitute legal, financial, medical or other professional advice. Employment rights depend on individual circumstances and the law can change. If you are concerned about your legal position, check current information and consider advice from Acas, a trade union, an appropriately qualified adviser or an employment-law professional.