Can I claim unfair dismissal if I was made redundant?

Yes. Redundancy is a potentially fair reason for dismissal — but the process must be fair. If you weren’t properly consulted, the selection criteria were unfair, or the redundancy was a pretext, it may be unfair dismissal.

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What if I accepted voluntary redundancy?

Accepting voluntary redundancy is usually a binding decision. However, if you were misled about the terms, the voluntary nature was questionable, or duress was involved, you may challenge it. You still get statutory redundancy pay. If the redundancy was a sham or selection was unfair, you could claim unfair dismissal regardless of "voluntary" acceptance.

What if I was the only one in my selection pool?

If there was genuinely only one person who could do your role, then you being the only one selected is fair. However, if the employer artificially narrowed the pool to ensure you were selected, that's unfair redundancy. Ask: did the employer consider other departments, roles, or individuals? If not, why not?

What if my role was replaced after I left?

If a similar or identical role was advertised or filled soon after your redundancy, that's strong evidence the redundancy was a sham. Document this: job ads, replacement hire dates, new job descriptions. This evidence will support an unfair dismissal claim.

What about collective redundancy (20+ people)?

Collective redundancy (20+ employees dismissed for the same reason within 90 days) triggers additional legal requirements. The employer must consult with employee representatives and notify the government. Failure to follow collective redundancy procedures is automatically unfair dismissal.

What if I was on maternity leave when made redundant?

A woman selected for redundancy while on maternity leave may have an automatically unfair dismissal claim. Redundancy on maternity leave is a protected ground. The employer must show the selection was in no way whatsoever connected to pregnancy or maternity status — a high bar to meet.

Can I claim both redundancy pay and unfair dismissal compensation?

Yes. Redundancy pay is a statutory entitlement based on age, service, and weekly pay (capped at £751 per week as of 2026). Unfair dismissal compensation is separate: a basic award (capped similar to redundancy) plus a compensatory award for actual loss (no cap). You can receive both.

Can I claim unfair dismissal if I was made redundant?

Redundancy doesn’t protect employers from unfair dismissal claims. The burden is on your employer to prove the redundancy was genuine and the procedure was fair.

Last updated: April 2026 · Content reviewed against current UK employment law

What makes a redundancy fair

A fair redundancy requires all of the following:

1. A genuine redundancy situation

The employer must have a genuine business reason: the workplace is closing, the role is no longer needed, fewer workers are needed in that role, or the business needs restructuring. This must be real — not a sham to disguise a dismissal for other reasons.

2. Fair selection pool and criteria

The employer must identify the correct group of employees potentially affected (the "selection pool"). Selection criteria must be objective and applied consistently: last in first out, skills, performance, attendance, flexibility. Vague or subjective criteria are unfair.

3. Meaningful individual consultation

You must be told you’re at risk, given time to respond, and offered a genuine chance to discuss. Consultation can’t be a rubber-stamp — your employer must actually listen.

4. Alternatives considered

Before dismissal, your employer should consider alternatives: redeployment, reduced hours, retraining, or temporary layoff. If no alternatives were looked at, redundancy may be unfair.

Signs your redundancy may have been unfair

These are red flags worth looking at:

Selection criteria were vague or subjective

Criteria like "attitude", "potential", or "fit" are too vague and open to bias. Fair criteria are objective and measurable: last in, first out; performance ratings with clear metrics; specific skills needed.

No genuine pool (only one person considered)

If the employer didn't consider other employees or roles, the pool was artificially narrow. For example, only your role was made redundant, but other similar roles continued.

Sham redundancy (replacement hired soon after)

If your role was advertised, your successor was hired, or a similar position was created within weeks of your dismissal, the redundancy was a pretext. Document this carefully.

Pregnant employee selected

Selecting someone for redundancy because they are pregnant (or on maternity leave) is automatically unfair. This is a protected reason.

No individual consultation meetings held

Redundancy announced in a group email with no individual meetings is procedurally unfair, even if the selection was objectively fair.

Alternatives not considered

If you asked about redeployment and were ignored, or the employer made no effort to find alternative roles, that's unfair procedure.

Automatically unfair redundancy selection

If you were selected for redundancy because of any of these reasons, dismissal is automatically unfair — no need to prove the selection was generally unfair:

Pregnancy or maternity

Selected because you are pregnant, on maternity leave, or have recently returned from maternity leave.

Selected because you raised a health and safety concern, public interest disclosure, or other protected disclosure.

Trade union activity

Selected because you are or were a trade union member or activist.

Asserting a statutory right

Selected because you asserted your rights: demanding minimum wage, holiday pay, requesting flexible work, or raising a grievance.

Protected characteristic (discrimination)

Selected because of race, sex, disability, age, religion, sexual orientation, or gender reassignment. Also automatically unfair.

Redundancy pay and unfair dismissal compensation — two separate things

These are separate entitlements. You can claim both:

Redundancy Pay (Statutory)

Employees dismissed for redundancy (2+ years' service).
Based on age, length of service, and weekly pay (capped at £751/week as of 2026).
5 years' service, age 30, £500/week = 5 × £500 = £2,500.
First £30,000 is tax-free.

Unfair Dismissal Compensation

Employees unfairly dismissed (2+ years' service).
Basic award (similar to redundancy) + compensatory award (loss of earnings, benefits, distress).
No cap (except in certain cases). Can include future loss if job-hunting.
First £30,000 can be tax-free if properly awarded.

If you receive redundancy pay, the basic award for unfair dismissal may be reduced to avoid double recovery. You won't receive the basic award twice — but the compensatory award is separate and additional.

When to bring the claim

Your deadline to claim unfair dismissal after redundancy:

from the date of dismissal (usually your last day of work)
ACAS Early Conciliation
must be contacted before filing a claim — this pauses your deadline and gives you extra time
if you're close to the deadline. Gather evidence: emails, redundancy documentation, selection criteria, alternatives considered

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Employment Rights Act 1996

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