VOL. I · Market edition, MMXXVIEngland & Wales · Templates · Reviews · Handoffs
Guide

Redundancy rights check (England & Wales)

A plain-English check of your redundancy rights in England & Wales — fair process, consultation, redundancy pay, and the warning signs of an unfair selection.

By The Counsel editorial deskReviewed against primary legislation and case law for England & WalesLast reviewed 15 June 2026How we source this →
01

Is it a genuine redundancy?

Redundancy is a specific legal reason for dismissal — the work has ceased or diminished, a workplace has closed, or fewer people are needed. A reorganisation dressed up as redundancy, or a redundancy used to remove one particular person, may be an unfair dismissal or discrimination instead.

02

Fair process and consultation

A fair redundancy normally needs a fair selection pool, objective selection criteria, meaningful individual consultation, and consideration of suitable alternative employment. Where 20+ roles are at risk at one establishment, collective consultation duties apply. Skipping these steps is where most unfair-redundancy claims are won.

03

Redundancy pay and notice

If you have at least two years' continuous service you are usually entitled to statutory redundancy pay, calculated from age, length of service, and a capped week's pay — plus your statutory or contractual notice. Many contracts provide enhanced terms; the review checks what you are actually owed.

How do I know if my redundancy is fair?

Look for a genuine redundancy situation, a fair selection pool and criteria, real consultation, and a search for alternative roles. The Counsel's employment review walks through each stage against England & Wales law and flags where the process looks defective.

How much redundancy pay am I entitled to?

Statutory redundancy pay generally requires two years' service and is based on your age, complete years of service, and a week's pay subject to the statutory cap. Your contract may provide more. The tool estimates the statutory position and flags enhanced terms to check.

Can I be made redundant while on maternity or sick leave?

You can be included in a genuine redundancy, but you have additional protections — for example priority for suitable alternative vacancies — and selecting someone because of pregnancy, maternity, disability or another protected characteristic is discrimination. These are red flags worth advice.

The Counsel is an AI tool for England & Wales. It provides legal information, not legal advice, and does not replace a regulated solicitor. For anything high-value or contested, take advice before you act.