17/06/2026
You needed to make cuts and after a difficult conversation the employee left.
Problem solved, right?
A few weeks later, the tribunal claim landed.
The business reason for the redundancy wasn't the issue. The problem was the process behind it.
It's one of the most common outcomes employers don't see coming – a redundancy that felt fair, but hadn't been documented properly, hadn't gone through a meaningful consultation process, or had selected someone without objective, evidenced criteria.
Under the Employment Rights Act 1996, a redundancy dismissal must be genuine, properly consulted on, and fairly carried out. Getting only one of those three right just isn't enough.
Some of the most common mistakes:
🔹 Announcing redundancy plans before consultation begins
🔹 Using subjective or discriminatory selection criteria
🔹 Failing to consider alternatives such as redeployment, reduced hours or job sharing before making the decision
🔹 No written records of meetings, proposals, or responses
A tribunal judge doesn't care how difficult the decision was – they’ll look at whether the process was fair and procedurally sound.
The Employment Law Advice Bureau gives you free, unlimited access to practical employer guides covering redundancy, dismissal, disciplinary procedures, and much more – written to help you understand your obligations before problems arise, not after.
Become a member today: https://shorturl.at/L6x8r