head head head

How do I know if I have been fairly selected for redundancy?

When a number of staff are being selected for redundancy, your employer must ensure that the basis for selection is fair and does not unfairly discriminate against you. If they don't, you could take an unfair dismissal case to an employment tribunal.

Redundancies cannot therefore be chosen on grounds of gender; race; age; disability; sexuality, religion, belief or because you are transgender either directly or indirectly.

Often employers ask for volunteers and offer early retirement before considering compulsory redundancy.

The criteria that can be used by an employer include:

  • skill and capability
  • attendance record
  • conduct record
  • any agreed existing procedure
  • type of work needed to be done by those remaining.

Allowances should be made for poorer performance, attendance and conduct connected with an individual's disability.

You should be told what factors have been used in the selection process. If not you should ask, and if you are still not told you should seek further advice.

If you are in a union, it may have agreed a redundancy procedure with your employer, so check with them that this has been followed.

You can also download these two free publications with further advice:

Dealing with the Downturn TUC/Citizens Advice leaflet in Adobe pdf format.

Facing Redundancy Know Your Rights leaflet from the TUC in Adobe pdf format.