Redundancy Rights UK: Is My Redundancy Genuine?

A genuine redundancy exists only where your role — not you personally — is no longer needed: the business is closing, the workplace is closing, or the need for employees to do work of a particular kind has reduced or stopped. If your employer is really just removing a person they want gone and calling it “redundancy”, the dismissal may be unfair. This guide helps you tell the difference and protect your position.

What legally counts as redundancy?

Redundancy has a specific legal meaning under section 139 of the Employment Rights Act 1996. It applies where the dismissal is wholly or mainly because:

• the employer has ceased, or intends to cease, carrying on the business; or

• the employer has ceased, or intends to cease, business at the place where you were employed; or

• the requirement for employees to carry out work of a particular kind has ceased or diminished, or is expected to.

If none of these genuinely applies, it is not a true redundancy — and dressing up an ordinary dismissal as redundancy can make it unfair.

Signs your redundancy may not be genuine

Treat these as warning signs worth advice:

• Your duties are quietly reassigned to a colleague or a new hire soon after you leave.

• The “redundant” role is re-advertised under a slightly different title.

• You are the only one selected, with no clear, objective reason why it was you.

• The process starts suspiciously soon after you raised a grievance, whistleblew, requested flexible working, returned from maternity or sick leave, or made a discrimination complaint.

• There was no real consultation — the decision was clearly made before you were spoken to.

What is a fair redundancy process?

Even where a genuine redundancy exists, your employer must act fairly. A fair process generally includes:

1. A fair pool for selection — identifying the right group of employees at risk.

2. Objective selection criteria — applied consistently and not based on anything discriminatory (for example, absence linked to disability or pregnancy).

3. Meaningful individual consultation — genuine discussion before any final decision, with a chance to respond.

4. A search for suitable alternative employment — the employer should consider offering you other available roles.

5. Collective consultation — where 20 or more redundancies are proposed at one establishment within 90 days, additional legal duties apply.

Get the process wrong and the dismissal can be unfair even if the redundancy itself was real.

What am I entitled to be paid?

If you have the qualifying period of continuous service, you are entitled to statutory redundancy pay, calculated from your age, completed years of service and a capped weekly wage (the statutory weekly cap is set annually). On top of that you should receive your notice pay (or PILON), any accrued holiday, and any enhanced redundancy your contract or a workplace policy provides. Many employers offer enhanced packages, often via a settlement agreement.

What if my redundancy is unfair?

If your role was not genuinely redundant, the pool or selection was unfair, or there was no proper consultation, you may have an unfair dismissal claim. Where selection was linked to a protected characteristic — pregnancy, disability, age and so on — you may also have a discrimination claim, which is uncapped and needs no qualifying service. As with all tribunal claims, strict deadlines apply: you normally have usually 3 calendar months minus 1 day for relevant dates before 1 October 2026, or 6 calendar months minus 1 day for relevant dates on or after 1 October 2026, starting with ACAS early conciliation.

Frequently asked questions

Can I be made redundant while on maternity leave or sick leave?
You can be included in a genuine redundancy exercise, but you have enhanced protections — for example, priority for suitable alternative roles — and selecting someone because of pregnancy, maternity or a disability-related absence is discriminatory.

Can my employer re-hire for my role after making me redundant?
Re-advertising the same role shortly afterwards strongly suggests the redundancy was not genuine and supports an unfair dismissal claim.

Do I have to accept suitable alternative employment?
If a genuinely suitable alternative role is offered and you unreasonably refuse it, you can lose your statutory redundancy pay — so consider any offer carefully and take advice.

How much notice should I get?
At least your statutory notice (broadly one week per full year worked, up to twelve weeks), or your contractual notice if longer.

What to do next

If anything about your redundancy feels off — the timing, the selection, the lack of consultation — it’s worth checking before you sign or accept anything. Use our free case assessment to find out whether your redundancy looks genuine and what your options are.

This article is general information, not legal advice. For advice on your situation, speak to a qualified adviser.