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In today’s ever-evolving business landscape, restructuring has become a common strategy for companies looking to stay competitive or address financial challenges. However, this often involves making difficult decisions, including making positions redundant. Understanding the legal and emotional complexities of this process is crucial for both employers and employees. This comprehensive guide aims to demystify the process of making a position redundant by restructuring within the UK, ensuring that you are equipped with the knowledge to navigate these changes effectively.

Introduction to Redundancy and Restructuring

Restructuring a business can lead to significant changes, including the unfortunate necessity of making certain positions redundant. While this can be a challenging time for all involved, it’s important to approach the situation with care, ensuring that the process is conducted fairly and transparently. Here, we will explore what it means to make a position redundant, the fair redundancy process, and how Contend, your AI legal expert, can provide guidance and support throughout this period.

Am I being made redundant fairly and transparently?

Understanding Redundancy in the Context of Restructuring

What Does Making a Position Redundant Mean?

Redundancy occurs when an employer needs to reduce their workforce because a job or jobs are no longer needed. In the context of restructuring, this might be due to the company reorganizing its operations, merging with another company, or other financial reasons leading to a need to cut costs.

The Legal Framework for Redundancy

The UK has specific laws in place to protect employees and ensure that the redundancy process is conducted fairly. It’s crucial for employers to understand these laws to avoid potential legal challenges.

How can I ensure my redundancy process is fair and legal?
Employment: making a position redundant by restructuring

The Fair Redundancy Process: Steps to Ensure Compliance

Ensuring a fair redundancy process is not just a legal requirement; it’s also vital for maintaining trust and morale within your remaining workforce. Here’s a step-by-step guide on how to approach this sensitively and legally.

Step 1: Planning and Consultation

Before making any decisions, it’s important to plan your restructuring carefully. This includes identifying the roles that are at risk and considering any possible alternatives to redundancy. Once this is done, you must consult with the affected employees. This consultation should be genuine, seeking to find alternatives and discussing the situation openly.

Step 2: Selecting Criteria for Redundancy

The criteria for selecting which positions will be made redundant must be fair, objective, and transparent. Common criteria include skills, qualifications, and work performance. It’s vital that these criteria do not discriminate against any individual or group.

Step 3: Offering Redeployment

Where possible, employers should offer alternative employment within the company to those affected by redundancy. This can help retain valuable skills and reduce the impact on employees.

Step 4: Providing Redundancy Pay

Employees who have been made redundant are usually entitled to statutory redundancy pay, based on their length of service, age, and pay. Employers can offer more than the statutory amount as part of the redundancy package.

How can I ensure my redundancy criteria are fair and non-discriminatory?

Navigating the Emotional Impact of Redundancy

Restructuring and redundancy can be a difficult time for everyone involved. Offering support, such as counseling services or career coaching, can help ease the transition for those affected.

What legal rights do I have during redundancy?

How Contend Can Help

At Contend, we understand the complexities involved in making positions redundant due to restructuring. Our AI legal experts are here to provide personalized guidance, helping you navigate the legal requirements and support your employees through the process. Whether you’re an employer seeking to understand your obligations or an employee facing redundancy, Contend is here to offer the legal guidance you need.

Conclusion: Moving Forward with Confidence

Making positions redundant by restructuring is never an easy decision, but with the right approach, it can be managed in a way that is fair, transparent, and minimizes the impact on all involved. By following the fair redundancy process, offering support to those affected, and seeking expert advice when needed, you can navigate these changes more confidently.

Connect with Contend

If you’re facing the challenge of restructuring and need legal guidance, chat now with Contend’s legal expert. Our innovative AI technology is designed to provide you with clear, reliable legal advice tailored to your unique situation. Let us help you make this transition as smooth as possible.

Remember, restructuring is not just about navigating the present; it’s about building a stronger foundation for the future. With Contend by your side, you can be assured of legal support that understands not just the letter of the law, but the human impact as well.

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This material is for general information only and does not constitute
tax, legal or any other form of advice. You should not rely on any
information contained herein to make (or refrain from making) any
decisions. Always obtain independent, professional advice for your
own particular situation. Contend Inc is not regulated by the
Solicitors Regulation Authority.