Redundancy - the law

Basic legal rules


A redundancy situation exists where an employer closes or intends to close the workplace or reduce the number of employees doing a particular kind of work. In particular, the employer must: 


• adopt redundancy selection criteria which are not discriminatory;


• allow employees selected for redundancy time off to look for other work, provided they have at least two years’ service;


• give redundancy pay to all employees with at least two years’ service calculated using a statutory formula linked to age and length of service. A week’s gross pay is subject to a statutory maximum cap which is reviewed annually (£525 from 6 April 2019); and


• offer any suitable available vacancies. 


If at least 20 redundancies are proposed, the employer must notify the Department for Business, Energy and Industrial Strategy. It must also consult employee reps with a view to reducing the number of redundancies. There are detailed rules which must be followed. If an employer fails to consult, a union can apply for a protective award.


Key developments 


• Telling an employee that their role was to be deleted in a restructuring by a certain date was not notice of dismissal for redundancy. As a result, an offer of alternative employment was not an offer of suitable alternative employment for the purpose of the statutory redundancy scheme and a period spent trying out the role was not a statutory trial period (case 4).