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.

People cannot be chosen for redundancy on the basis of race, age, disability, gender, pregnancy/maternity, marriage/civil partnership, sexuality, religion, belief, or for being transgender.

People cannot be selected for redundancy for an automatically unfair reason. These include selection for redundancy where the reason is wholly or mainly:

Often employers ask for volunteers and/or offer early retirement before considering compulsory redundancy. Some examples of criteria that can be used by an employer when making compulsory redundancies include:

  • skill and capability;
  • conduct records;
  • the type of work needed to be done by those remaining; and
  • length of service.

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.

Note: This content is provided as general background information and should not be taken as legal advice or financial advice for your particular situation. Make sure to get individual advice on your case from your union, a source on our free help page or an independent financial advisor before taking any action.