Redundancy Dispute Barristers

Redundancy has a specific legal meaning in section 139 of the Employment Rights Act 1996: the business, or the workplace where you were employed, is closing, or the need for employees to do work of a particular kind has ceased or diminished. A reorganisation that simply moves the same work to someone else on different terms may not be a redundancy at all. Redundancy is a potentially fair reason for dismissal, but the employer still has to act reasonably in how it carries it out.

Tribunals usually examine four areas. First, the pool: did the employer consider which roles were genuinely affected, or draw the pool so narrowly that the outcome was fixed? Second, selection criteria: were they objective and applied consistently, or did scoring rely on a manager's unexplained impressions? Third, consultation: were you warned, told your scores, and given a real chance to comment before the decision was made? Fourth, alternatives: did the employer look for suitable vacancies? If you accept an alternative role on different terms, you are entitled to a four-week statutory trial period without losing redundancy pay if it proves unsuitable.

Statutory redundancy pay normally requires two years' continuous service. It is half a week's pay for each full year under age 22, one week for each year aged 22 to 40, and one and a half weeks for each year aged 41 or over, counting a maximum of 20 years. For redundancies on or after 6 April 2026 a week's pay is capped at £751, making the statutory maximum £22,530. Your contract may give more. Unfair dismissal rights currently also need two years' service, reducing to six months for dismissals from 1 January 2027, though some selection reasons are automatically unfair from day one.

Where 20 or more employees at one establishment are to be dismissed within 90 days, the employer must consult collectively with recognised unions or elected representatives: at least 30 days before the first dismissal, or 45 days if 100 or more are involved. Failure can lead to a protective award, which for dismissals from 6 April 2026 can be up to 180 days' pay per employee. A Direct Access Barrister can analyse the process, draft your appeal and tribunal claim and represent you. You notify ACAS, submit the claim and handle correspondence.

1. 1

   At Risk Notice

   As soon as you are told you are at risk, your Barrister can advise on what to ask for: the business case, the pool, the criteria and any vacancies. Early questions shape the record the tribunal will later see.

2. 2

   Consultation Meetings

   Your Barrister helps you prepare written comments on your scores and suggest alternatives, such as bumping or a different pool, while consultation can still make a difference.

3. 3

   Appeal

   If you are dismissed, your Barrister drafts a focused appeal identifying the scoring errors or process failings. The tribunal deadline keeps running while the appeal is heard.

4. 4

   ACAS and the ET1

   You notify ACAS before the deadline. If the matter does not settle, your Barrister drafts the grounds of complaint and you submit the ET1, including any claim for unpaid redundancy pay.

5. 5

   Disclosure of Scores

   The tribunal usually orders disclosure of the selection documents. Your Barrister compares your scores with the anonymised scores of others in the pool and the evidence behind them.

6. 6

   Hearing

   Your Barrister cross-examines the managers who designed the pool and scored the criteria, and argues both fairness and the likely outcome had a fair process been followed.