Redundancy is not a magic word.
A business can restructure, but the reason must be genuine and the process must be fair. Consultation cannot be theatre after the decision has already been made.
A fair redundancy needs more than a restructure document
The employer should have a genuine business reason, give affected employees relevant information, genuinely consult before deciding, consider feedback, use a fair selection process where one is needed, and consider redeployment and alternatives before ending employment.
- Save the proposal, business case, organisational charts, feedback and final decision.
- Ask what work is disappearing, what work remains and who will perform it.
- Identify realistic redeployment roles and put them forward during consultation.
- Respond to the actual proposal in writing rather than only saying the process feels unfair.
What the employer still has to justify
The decision to remove your role was already made before consultation began.
The business case does not actually explain why your position needs to disappear.
Your work continues substantially unchanged under a new title or another employee.
Relevant information was withheld, leaving you unable to give meaningful feedback.
Selection criteria were invented, inconsistently applied or used to target a particular employee.
Redeployment options were ignored, artificially narrowed or withdrawn without proper consideration.
What actually matters here
01The business reason must be genuine
An employer can restructure for legitimate business reasons, including changes in demand, cost, technology or organisation. But calling a dismissal a restructure does not make it genuine. If substantially the same job remains and another person simply takes it over, or the stated rationale does not match the evidence, the redundancy may be vulnerable to challenge.
02Consultation must be real
Employees should receive enough relevant information to understand the proposal and respond meaningfully. The employer should genuinely consider feedback before making the final decision. A polished proposal document does not cure a process where the outcome was already fixed.
03Selection and redeployment
Where some employees remain and others lose their jobs, the selection process may become critical. Criteria should be relevant and applied fairly. Redeployment must also be properly considered. Available roles, substantially similar roles and alternatives to redundancy can materially affect whether dismissal was justified.
04What to look for after the decision
Keep an eye on what actually happens to the work. A new vacancy, contractor, replacement employee or re-created role can be relevant evidence, depending on the circumstances. Also check notice, final pay, any contractual redundancy entitlement and whether the employer complied with the process it promised.
What a useful result can look like
A genuine commercial restructure can be lawful even when it is painful. The case becomes stronger where the rationale, consultation, selection or redeployment process cannot withstand scrutiny.
The proposal is changed or the role is retained.
Redeployment into another suitable role.
A negotiated exit with financial and reference terms.
An unjustified dismissal claim if redundancy is implemented without proper justification or process.