Understanding Your Right to Redundancy Consultation
Redundancy consultation is a crucial process in UK employment law, designed to ensure that employees are treated fairly when their roles may be at risk. In simple terms, a redundancy consultation is a formal discussion between you and your employer about proposed redundancies, the reasons behind them, and any possible alternatives. This process is not just good practice – it’s a legal requirement.
What Does Redundancy Consultation Mean?
A redundancy consultation gives you the opportunity to understand why redundancies are being considered, ask questions, and put forward suggestions that might help avoid job losses or reduce the impact. If your employer is planning to make 20 or more employees redundant at one establishment within a 90-day period, they must follow ‘collective consultation’ rules. This involves consulting with trade union representatives or elected employee representatives. If there are fewer than 20 redundancies, employers must still consult individually with affected staff.
The Legal Requirement to Consult
Under the Employment Rights Act 1996, employers are legally obliged to consult employees before making any final redundancy decisions. Failing to do so can render the redundancy unfair, potentially leading to claims at an employment tribunal. The law sets out minimum consultation periods depending on the number of proposed redundancies, but there is no maximum limit – consultation should last long enough to cover all relevant issues.
For official and detailed guidance on employer obligations and your rights during this process, see the Redundancy Consultation Guidance on GOV.UK.
Why Consultation Matters for Fair Treatment
Consultation ensures you have a voice in the process and access to all relevant information. It gives you the chance to:
- Understand the reasons for redundancy and how decisions are being made
- Suggest ways to avoid redundancies or mitigate their effects (such as redeployment or reduced hours)
- Clarify how redundancy selection criteria are applied
- Ask about support, such as outplacement or retraining
Fair and open consultation is a key part of protecting your rights. If you feel the process is rushed or information is withheld, you may not be receiving fair treatment.
Where to Learn More
Understanding your consultation rights is just one part of the broader topic of Redundancy in UK law. You may also want to explore how redundancy relates to other forms of dismissal – see our section on Redundancy and Dismissal for further insights.
Knowing your rights and the legal requirements around redundancy consultation empowers you to ask the right questions and ensure you are treated fairly throughout the process.
Key Questions to Ask During Your Redundancy Consultation
Key Questions to Ask During Your Redundancy Consultation
Facing redundancy can be overwhelming, but a consultation meeting is your opportunity to understand the process and protect your rights. By asking the right questions, you can ensure you are treated fairly and receive all the information you need to make informed decisions. Here are some essential questions to consider during your redundancy consultation:
1. What are the reasons for my redundancy?
Start by asking your employer to clearly explain why redundancies are being considered. Is it due to financial difficulties, restructuring, or technological changes? UK law (Employment Rights Act 1996) requires employers to provide a genuine business reason for redundancy. Understanding the rationale helps you assess whether the process is fair and genuine. If you are concerned the redundancy might not be legitimate, you may want to read more about How to Protect Yourself if You Suspect Sham Redundancy.
2. How was I selected for redundancy?
Ask your employer to outline the selection criteria used to choose which roles are at risk. Common criteria include skills, qualifications, performance, and attendance. Employers must use objective and fair criteria, and they should be able to explain how these were applied to you. If you feel the selection process was biased or unclear, raise your concerns during the meeting.
3. Are there any alternatives to redundancy?
Employers are legally required to consider alternatives to redundancy before making final decisions. Ask about any steps taken to avoid redundancies, such as reducing overtime, offering voluntary redundancy, or retraining staff for other roles. Request specific examples of alternatives that have been explored.
4. Are there any suitable alternative roles or redeployment opportunities?
You have the right to be offered any suitable alternative employment within the organisation, if available. Ask if there are any vacancies or opportunities for redeployment, and what the process is for applying to these roles. If alternative roles are available, find out how your skills and experience match the requirements.
5. What is the timeline for the redundancy process?
Clarify the key dates and next steps in the redundancy process. This should include the length of the consultation period (which is at least 30 days for 20 or more redundancies, and a reasonable period for fewer), when decisions will be made, and when your employment might end if redundancy goes ahead. Understanding the timeline helps you plan and make decisions about your future.
6. What support will be offered during this process?
Ask about any support available, such as help with job searching, CV writing, or access to employee assistance programmes. Some employers may also offer counselling or financial advice to help you manage the transition.
7. How will redundancy pay and other entitlements be calculated?
Request details about your redundancy pay, notice period, and any outstanding holiday pay. Statutory redundancy pay is based on your age, weekly pay (capped), and years of service, but some employers offer enhanced packages. Make sure you understand how your entitlements will be calculated.
Preparing a written list of questions can help you make the most of your consultation meeting. For a practical checklist and further guidance, see this Template for Redundancy Consultation Questions.
By asking these questions, you can clarify your rights, ensure the process is transparent, and explore every possible alternative to redundancy. If you need more information about your rights or suspect the redundancy process is not being handled fairly, consider seeking advice from an employment law specialist or your trade union representative.
Questions About the Reason for Redundancy
When you are told your role is at risk of redundancy, it’s crucial to understand the reasons behind the decision. Asking clear, direct questions during your redundancy consultation can help ensure you are treated fairly and that the process is transparent.
1. Ask Why Your Role Is Being Made Redundant
Start by asking your employer to explain exactly why your position is being considered for redundancy. Under UK law, redundancy is only genuine if it’s due to the closure of a business, the closure of a particular workplace, or a reduced need for employees to do a particular kind of work (Employment Rights Act 1996). You have the right to a clear explanation. For example, you might ask:
- What specific changes have led to my role being selected?
- Is the company closing, relocating, or simply reducing staff numbers in my area?
A genuine redundancy should not be used as a cover for dismissing someone for other reasons. If the explanation seems vague or inconsistent, it could be a warning sign. For more on this, see How to Protect Yourself if You Suspect Sham Redundancy.
2. Request Information on the Business Reasons
Ask your employer to provide details about the business reasons driving the redundancy. This could include:
- Financial difficulties or a downturn in business
- Technological changes making some roles obsolete
- Mergers, acquisitions, or restructuring plans
You have the right to ask for supporting information, such as financial reports, restructuring proposals, or evidence of reduced demand for your type of work. This helps you assess whether the redundancy is legitimate and fairly applied.
3. Clarify How the Decision Fits Into Wider Restructuring
It’s also important to ask how your redundancy fits into the company’s broader plans. Questions you might ask include:
- Is this part of a larger restructuring process?
- How were roles selected for redundancy?
- Are other departments or roles affected?
Understanding the bigger picture helps you see if your role was fairly selected and whether the process follows legal requirements. For insight into how employers should approach restructuring and redundancy, see the Employer Guide to Making Positions Redundant by Restructuring.
Practical Tips
- Take notes during your consultation and request written responses where possible.
- If you’re unsure about the answers, ask follow-up questions or request further evidence.
- Remember, you are entitled to be consulted individually and to challenge decisions if you believe the process is unfair or not genuine.
Asking these questions will help you make informed decisions and ensure you are being treated in line with UK employment law. If you feel the reasons given are not genuine or the process is not being followed correctly, it’s important to seek advice or raise your concerns promptly.
Questions About Selection Criteria
Questions About Selection Criteria
Understanding how redundancy selection decisions are made is crucial to ensuring you are treated fairly during the consultation process. Employers in the UK are legally required to use objective and non-discriminatory criteria when selecting employees for redundancy. Here’s how you can approach this topic and what to look out for:
1. Ask How Employees Were Selected
Begin by asking your employer to explain the selection process. Typical questions include:
- What was the pool of employees considered for redundancy?
- Why was I included in this pool?
- Were other roles or departments considered? If not, why?
Employers should be able to justify their decisions and show that they have not singled anyone out unfairly.
2. Request Details on the Selection Criteria
You have the right to know exactly which criteria were used to decide who would be made redundant. Common criteria include:
- Skills and qualifications
- Performance and disciplinary records
- Attendance and punctuality (excluding absences related to disability, maternity, or other protected reasons)
Ask your employer:
- What specific criteria were used?
- How were these criteria measured and scored?
- Can I see my own assessment and how it compares to others in the selection pool?
Employers should be transparent about both the criteria and the scoring process. This helps ensure the process is fair and gives you a chance to challenge any errors or misunderstandings.
3. Check for Fairness and Non-Discrimination
Selection criteria must not discriminate against employees based on protected characteristics such as age, sex, disability, race, religion, or pregnancy, as outlined in the Equality Act 2010. If you believe that the criteria or their application may indirectly disadvantage you or others with protected characteristics, raise this concern during your consultation.
For example, using “last in, first out” as a sole criterion can sometimes indirectly discriminate against younger workers. Similarly, penalising absences related to disability or maternity leave is unlawful.
4. Request Evidence of Transparency
Ask your employer to provide written evidence of the criteria and the scoring process. You can also request anonymised scoring sheets for the selection pool, which can help you verify that the process has been applied consistently.
5. What If You Disagree With the Selection?
If you believe the selection criteria have been unfairly applied or are discriminatory, you have the right to challenge the decision. Raise your concerns in writing and ask for a review. If the issue is not resolved, you may consider seeking advice from your union, an employment adviser, or ACAS.
To understand more about your rights around redundancy and dismissal, including notice periods and what constitutes a fair process, see our guide on Special Considerations: Redundancy and Fair Dismissal.
By asking detailed questions about the selection criteria and process, you help ensure your employer is following the law and treating you fairly during redundancy.
Questions About Alternative Employment
During a redundancy consultation, it’s essential to ask clear questions about alternative employment options within your organisation. UK law, specifically the Employment Rights Act 1996, requires your employer to consider whether there are any suitable alternative roles available before making redundancies. Engaging with this process not only helps protect your rights but may also open up new opportunities.
1. Are there any suitable alternative roles available?
Start by asking your employer directly if any vacancies exist that match your skills, experience, and current pay level. Suitable alternative employment means a role that is similar in terms of status, location, terms, and responsibilities. If you are offered a role that you believe is not suitable, you have the right to explain your reasons and, in some cases, refuse the offer without losing your entitlement to redundancy pay. For more guidance on this, see Refusing Suitable Alternative Employment.
2. What redeployment opportunities are there within the organisation?
Request a list of current and upcoming vacancies across all departments, not just your own. Ask if there is a formal redeployment process or if you will be given priority consideration for roles. Some employers have a redeployment policy that gives employees at risk of redundancy access to vacancies before they are advertised externally. Clarify how long this priority period lasts and what support is available for retraining or adjusting to new roles.
3. How does the process for considering alternative employment offers work?
Ask your employer to explain the steps involved if you are interested in an alternative role. This should include how roles are identified, how you can apply, and any trial periods that may be offered. Under UK law, if you accept a suitable alternative role, you are entitled to a statutory four-week trial period to assess whether the new job is right for you. If the role turns out to be unsuitable during this period, you may still be eligible for redundancy pay.
Practical tips and examples:
- If you see a vacancy advertised internally, ask if it could be considered as a suitable alternative for you.
- If you’re unsure whether a role is suitable, ask for a written job description and details of terms and conditions.
- If you feel pressured to accept a role that doesn’t genuinely match your skills or circumstances, make a note of your concerns and raise them during the consultation.
Remember, if you suspect that your redundancy is not genuine and that the process is being used to force you out unfairly, it’s important to understand your rights and options. Read more about How to Protect Yourself if You Suspect Sham Redundancy to ensure you’re fully informed.
By asking these questions and understanding your legal rights, you can ensure you are treated fairly and explore every possible alternative before redundancy is finalised.
Questions About Consultation Process and Timeline
Questions About Consultation Process and Timeline
Understanding the consultation process and its timeline is essential to ensure you are treated fairly during redundancy. UK law, specifically the Employment Rights Act 1996 and the Collective Redundancies and Transfer of Undertakings (Protection of Employment) Regulations 2006 (commonly known as TUPE), sets out clear requirements for redundancy consultations, including how and when they should take place.
How long will the consultation period last?
Begin by asking your employer how long the consultation period will be. For individual redundancies, there is no minimum legal period, but the process should be meaningful and allow enough time for you to understand the reasons for redundancy, ask questions, and suggest alternatives. For collective redundancies (where 20 or more employees are affected at one establishment within 90 days), the law requires a minimum consultation period:
- At least 30 days before the first dismissal if 20–99 employees are affected.
- At least 45 days before the first dismissal if 100 or more employees are affected.
What is the schedule for meetings, and who will be involved?
Ask for a clear outline of when consultation meetings will take place and who will attend. Meetings may be with your line manager, a member of HR, or, in collective cases, representatives of the affected employees. Knowing the schedule helps you prepare questions and gather any supporting information. You are entitled to be accompanied by a colleague or trade union representative during these meetings, which can help ensure your concerns are properly addressed.
How and when will decisions be communicated?
Clarify how your employer will keep you informed throughout the process. Will updates be provided in writing, by email, or in further meetings? Ask for specific dates or timeframes for when you can expect to receive final decisions about your role. This transparency is crucial for planning your next steps, whether that involves seeking redeployment, appealing the decision, or preparing for redundancy.
Practical tips:
- Take notes during meetings and ask for written confirmation of what was discussed.
- If you feel the process is being rushed or not genuinely consultative, raise your concerns in writing.
- If you suspect the redundancy process is not being conducted fairly, or you believe your role is not genuinely redundant, it may be helpful to learn more about how to protect yourself if you suspect sham redundancy.
By asking these questions, you can better understand your rights, ensure the process is transparent, and protect your interests throughout redundancy consultation.
How to Use the Information from Your Consultation
Engaging constructively during your redundancy consultation is vital to ensuring your rights are respected and that you receive fair treatment. Here’s how you can make the most of the information shared with you, protect your interests, and take practical steps if you have concerns.
Participate Actively and Ask Questions
Approach your consultation as a two-way conversation. Use the opportunity to ask questions about the reasons for redundancy, the selection criteria, and possible alternatives to redundancy. If anything is unclear, request further explanation or supporting documents. For example, you can ask for details about how your role was selected or whether other options, such as redeployment, have been considered.
Raise Concerns About Fairness
If you believe the redundancy process is being handled unfairly – for instance, if the selection criteria seem discriminatory, or if you haven’t been properly consulted – you have the right to raise your concerns. Start by voicing your issues during the meeting and follow up in writing if necessary. Clearly state what you feel is unfair and why, referencing any relevant policies or previous discussions.
If your concerns are not addressed, you may wish to escalate the issue formally. For practical steps and a detailed guide on how to do this, see How to Raise a Complaint About Redundancy Process. This resource explains how to make a formal complaint, what your rights are, and what to do if your employer does not respond appropriately.
Keep Detailed Records
It’s important to keep accurate records of all meetings, correspondence, and notes from your consultation. This includes emails, meeting minutes, and any documents provided by your employer. If you later need to challenge the process or make a claim, these records will be essential evidence.
Seek Advice or Legal Support
If you’re unsure about any aspect of the process, or if you suspect your redundancy may not be genuine, consider seeking advice from a trade union representative, ACAS, or a solicitor specialising in employment law. This is especially important if you think the redundancy is a cover for another reason, such as discrimination or dismissal for asserting your rights – see How to Protect Yourself if You Suspect Sham Redundancy for more information on spotting and responding to sham redundancies.
Next Steps If You Need to Challenge the Decision
If, after the consultation, you believe your redundancy was unfair or not handled correctly, you may have grounds to challenge the decision. Learn more about your options and how to strengthen your case in How to Win Your Redundancy Case.
By engaging fully, keeping thorough records, and seeking support if needed, you can ensure your voice is heard and your rights are protected throughout the redundancy process.
Additional Topics Related to Redundancy Consultations
When preparing for a redundancy consultation, it’s helpful to understand how your situation fits within the broader context of UK redundancy law. There are several related topics that can affect your rights and options – exploring these areas can help you make informed decisions and ensure you’re treated fairly.
If you’re part of a larger group of employees facing redundancy, you may want to learn about Collective Redundancies. This process involves specific legal requirements for employers, such as consulting with employee representatives when 20 or more redundancies are proposed within a 90-day period (as set out in the Trade Union and Labour Relations (Consolidation) Act 1992). Understanding your rights in collective consultations can help you ensure your employer follows the correct procedures.
Redundancy pay is a key concern for most employees. To check if you’re entitled, and to understand when and how payments should be made, visit our guide on Redundancy Pay Eligibility and Timeline. For a quick calculation of your potential payout, you can use the official Redundancy Pay Calculator provided by GOV.UK – it factors in your age, length of service, and weekly pay. NHS employees have specific rules and entitlements, so if you work in the health service, see our NHS Redundancy Calculation: Maximize Your Payout guide for tailored advice.
Sometimes, employees worry about the legitimacy of the redundancy process. If you suspect your redundancy may not be genuine, our Sham Redundancy resource explains how to spot warning signs and what steps you can take if you believe your dismissal is unfair.
Redundancy can also raise questions if you’re unwell during your notice period. Our guide on Off Sick During Redundancy Notice? clarifies your rights regarding sick pay, notice periods, and how illness might affect your redundancy process.
It’s also important to understand your notice rights. See our section on Notice and Termination for details on statutory notice periods, contractual notice, and the legal protections that apply during redundancy.
If you’re considering what financial support might be available after redundancy, you may find our advice on Claiming Benefits After Being Sacked helpful. This guide outlines which benefits you might claim and how to apply.
By exploring these related topics, you’ll be better equipped to ask the right questions during your redundancy consultation and protect your interests throughout the process.
