Seven things to think about when making redundancies

Andrew Masters

Partner & Head of Employment

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July 15, 2020

Categories Coronavirus (COVID-19)Employment Law Updates

We are probably going to be experiencing difficult economic times for a considerable period to come and many employers will be forced to make cutbacks in their staff. The articles listed below look at the issues that an employer needs to consider when making staff redundant.

While redundancy is an accepted reason for dismissal, employees with two years’ service or more can still claim that their dismissal was unfair.

There is also a separate and more prescriptive legal requirement to consult employee representatives or trade union representatives where the employer is proposing to dismiss 20 or more employees at the same establishment over the course of 90 days or less.

No redundancy exercise therefore is completely without legal risk.

But, employers who approach redundancy in a transparent way, being honest about the difficulties being faced and open to suggestions from employees, can greatly minimise that risk.

Over the years the courts and Employment Tribunals have developed a range of standards that a reasonable employer will be expected to meet.

There is no one size fits all approach, but rather a number of issues that an employer will need to address in the way that best suits its organisation.

Thinking clearly about these issues will help an employer make difficult decisions in a way that is not only legally compliant, but also retains those employees who can best help it succeed.

Here then are seven key things to think about when making employees redundant.

Each topic will be discussed in separate article.

  1. Should you ask for volunteers? >

  2. The pool for selection >

  3. Selection criteria >

  4. Consultation >

  5. Applying the criteria >

  6. Pregnancy and family leave >

  7. Alternative work >

For legal advice about making redundancies contact Andrew Masters on 01227 763939 or email