Facing redundancy?

Redundancy is a process, not a verdict. Speak to Kestrel.

The short answer

Redundancy is only lawful if the role is genuinely disappearing and the process is fair: a sensible selection pool, objective scoring, real consultation and a look at alternative roles. Statutory redundancy pay applies after two years, and larger exercises trigger collective consultation with fixed minimum periods. A redundancy that is really a removal dressed up is unfair dismissal.

The law, in plain English

Redundancy has a legal meaning: the business closing, the site closing, or a reduced need for employees to do work of that kind. If your work still exists and someone else is doing it, or a new hire replaces you under a different title, the redundancy label may not survive scrutiny.

Fairness lives in the process: a rational pool, objective criteria applied consistently, meaningful consultation while the decision can still change, and genuine consideration of alternative vacancies. Where 20 or more redundancies are proposed at one establishment within 90 days, collective consultation applies with minimum periods of 30 days, rising to 45 days for 100 or more.

Statutory redundancy pay needs two years' service and is calculated from age, service and weekly pay up to a capped figure updated each April; it is commonly paid tax-free alongside notice. An offer of suitable alternative employment can carry a four-week trial period, and an unreasonable refusal of a suitable role can cost the payment.

How it usually goes

1
Test the genuineness

Is the work truly reducing, or is this about people? Job adverts, org charts and who absorbs your duties answer it.

2
Engage with consultation

Ask for the pool, the criteria and your scores. Challenge in writing where they are subjective or wrong. Consultation is your window to change the outcome.

3
Check the money

Statutory pay, notice, accrued holiday, and any enhanced scheme in the contract or handbook. Employers make arithmetic errors surprisingly often.

4
Appeal or negotiate

A flawed process supports an appeal and often converts into an improved settlement agreement with a reference. Deadlines stay short either way.

Not sure where you stand?

Tell Kestrel what happened. Plain answers on the spot, any hour, and a booked call with a lawyer if you want one.

Speak to Kestrel now

What you'll need

Time limits

Deadlines matter here.

Unfair dismissal claims: three months less one day from dismissal via ACAS. Statutory redundancy pay claims: six months. Consultation happens before decisions finalise, so the useful window is now.

What it costs

Process review and consultation letters £220 + VAT · settlement agreement advice usually employer-funded. Illustrative until our published tariff goes live.

Who handles this at Kestrel

This sits in our Employment practice. The machine builds the file; these lawyers do the law.

S
Shazia Ali

Solicitor · Co-Founder · Chief Executive Officer · Employment

Common questions

They have already hired my replacement.

If the role's work continues under a new person, that undermines the redundancy and points to unfair dismissal. Keep the advert and the announcement; they are evidence.

The scoring feels personal.

Criteria must be objective and evidenced: attendance records, appraisals, measurable skills. Scores that cannot be explained by documents are challengeable in consultation and later.

How much redundancy pay should I get?

Half a week's pay per year under 22, one week per year from 22 to 40, one and a half above, capped weekly and by service, using the figures current at dismissal. We check the employer's number in minutes.

Should I take the settlement agreement instead?

Often yes, if it beats statutory entitlements and the claim risk it buys off. That comparison is exactly what the independent advice is for, and the employer usually funds it.

Related guides

Speak to Kestrel now.

Any hour. Plain answers, a fixed quote in writing, and a named solicitor by 9:00.

Speak to Kestrel