Understanding the Right to Appeal Redundancy Decisions

Employers have to follow a fair redundancy process to minimise the risk of tribunal claims. To what extent does this extend to a redundancy appeals procedure?

When an employee is made redundant, they may feel that the decision was unjust or improperly handled, prompting them to challenge the decision.

While redundancy appeals are not mandatory by law, they are strongly recommended as part of a fair redundancy process. Employment tribunals tend to look favourably on employers who provide a redundancy appeal process, as it shows that the employer is committed to giving the employee a chance to challenge the decision. It also gives the employer an opportunity to review the process and address any potential mistakes or issues that may have arisen.

However, as with all stages of redundancy, handling appeals can be fraught with risk.

The following guide for employers examines the benefits of providing a right to a redundancy appeal and the procedure that should be followed as a matter of best practice. We will explore the legal framework surrounding redundancy, the reasons employees may appeal, the steps involved in the appeal process and the potential outcomes of an appeal.

 

Section A: Redundancy Process Requirements

 

Redundancy refers to a situation where an employer needs to reduce their workforce because a job or position ceases to exist due to specific circumstances. Redundancy can have significant implications for both the employer and the affected employees, making it imperative to approach the process with care and understanding.

Although redundancy can be considered a valid reason for dismissal under the Employment Rights Act, a dismissal could still be deemed unfair if the correct process is not followed or if factors like discrimination have influenced the selection process.

Under the ERA, a fair redundancy process should include consultation with employees, assessing selection criteria, and considering alternatives to redundancy.

While there is no automatic or legal right to appeal a redundancy dismissal, many employers provide the option for employees to challenge the redundancy decision to ensure the process is seen as fair and reasonable, thereby reducing the risk of claims for unfair dismissal.

 

Table: Redundancy Process Steps

Step	Description	Timeline
Initial Consultation	Discuss the potential for redundancy with employees.	1-2 weeks before redundancy notice.
Selection Criteria Establishment	Define criteria for selecting employees for redundancy.	During consultation phase.
Redundancy Notice	Notify employees of their redundancy.	At least 1 week before dismissal.
Appeal Notification	Employees submit a formal appeal against redundancy.	Within 5-14 days of notice.
Appeal Meeting	Conduct a meeting to discuss the appeal.	Within 1-2 weeks after appeal submission.
Final Decision	Communicate the outcome of the appeal.	Within 1 week after the meeting.

 

1. Legal Basis Under UK Employment Law

 

The legal framework governing redundancy is primarily established under the Employment Rights Act 1996. This legislation outlines the rights of employees in redundancy situations and sets out the procedures that employers must follow to ensure compliance.

 

Table: Rights of Employees during Redundancy

Right	Description
Right to Consultation	Employees have the right to be consulted before decisions.
Right to Appeal	Employees can appeal redundancy decisions they find unfair.
Right to Notice	Employees are entitled to a notice period before dismissal.
Right to Redundancy Pay	Employees may receive redundancy pay depending on length of service.

 

Key aspects of the legal basis include:

 

a. Fair Dismissal: The Act stipulates that an employee can claim unfair dismissal if they believe they were made redundant without a fair reason or without following the proper procedure. Employers must demonstrate that redundancy was the genuine reason for dismissal and that they acted reasonably throughout the process.

 

b. Consultation Requirements: Employers are legally obligated to consult with employees before making redundancy decisions. This consultation should include discussions about the reasons for redundancy, the selection criteria, and any alternatives to redundancy.

 

c. Written Statement of Reasons: Upon request, employers must provide a written statement explaining the reasons for redundancy. This document can be crucial in the appeal process, as it helps employees understand the basis of the decision and provides them with the information needed to formulate their appeal.

 

d. Formal Appeal Process: While the specific procedures may vary between employers, the right to appeal typically involves submitting a formal written appeal, followed by an appeal meeting where the employee can present their case. Employers must then provide a decision in writing, outlining the outcome of the appeal.

 

2. What is a Redundancy Appeal?

 

A redundancy appeal is a formal process through which an employee challenges the decision to make them redundant. It allows the employee to present their concerns or arguments regarding the fairness of the redundancy selection or process.

The appeal process should allow employees to contest specific aspects of the redundancy decision, such as:

 

a. Selection Criteria: Employees can argue that the criteria used to determine who was made redundant were unfair, discriminatory, or improperly applied.

b. Consultation Process: Employees may appeal on the grounds that they were not consulted adequately before the redundancy decision was made, violating legal requirements for fair consultation.

c. Alternative Solutions: Employees may contend that alternative solutions, such as redeployment or adjustments to work hours, were not considered before the decision to make their role redundant was finalised.

 

A well-structured appeal process can lead to better outcomes for both parties and can help avoid grievances and disputes that could escalate into legal claims.

 

Section B: Do You Have to Offer Redundancy Appeals?

 

Providing an appeal process allows employees to challenge decisions they believe are unfair, helping to ensure transparency and fairness. Offering an appeal can also reduce the risk of legal claims, such as unfair dismissal, by demonstrating that the employer has followed a fair and open process.

 

1. Do Employees Have the Right to Appeal Redundancy?

 

There is no legal obligation on employers to offer employees the right to appeal redundancy. However, affected employees should always be given the opportunity to challenge any proposed selection pool or criteria during the individual consultation process. In addition, ACAS does recommend in its employer guidance that an appeals procedure is implemented for complaints relating to unfair application of selection criteria.

As with any dismissal, it is important for an employer to act fairly at all times. This means that when implementing a redundancy procedure, employers must ensure that they are able to justify any decision they take and the manner in which they have reached that decision.

When faced with a claim for unfair dismissal, an employment tribunal must consider whether the decision to dismiss was within the range of conduct that a reasonable employer could have adopted. This is known as the band of reasonable responses test, taking into account section 98(4) of the Employment Rights Act (ERA) 1996, which sets out the principles of fairness in any dismissal scenario and whether the employer acted reasonably or unreasonably.

The ERA remains silent on whether or not an appeal should form part of the redundancy procedure, although this question was addressed in the case of Gwynedd Council v Shelly Barratt & Other (2020). Here, the EAT confirmed that there is no set rule that a redundancy dismissal will automatically be regarded as unfair on account of the absence of any appeal procedure. That said, the tribunal did consider the right to appeal a redundancy decision as one of the relevant factors when it assessed the overall fairness of the redundancy process under s.98(4) of the ERA.

On the facts of the case, the claimants had an express statutory and contractual right of appeal, the statutory right arising under specific regulations relating to the appointment and dismissal of teachers in a maintained school. It was, therefore, substantively and procedurally unfair to deny the claimants this right.

Still, the judgment in Barratt provides a clear warning for any employer embarking on a redundancy process that a failure to consider an appeal, even absent an express right, may impact the reasonableness of their decision to dismiss.

As a matter of best practice, an employer should, therefore, not only undertake a fair consultation process and apply fair selection criteria, but it should also provide employees with a right of appeal. An appeal could be on the grounds that either the employee was unfairly selected for redundancy or that the employer failed to follow a fair redundancy process.

 

2. Why Offer a Redundancy Appeals Process

 

Redundancy appeals offer several advantages to employers.

An appeal will offer the employee the opportunity to show that the employer’s reason(s) for dismissing them could not be treated as reasonable, and, in turn, it will afford the employer another opportunity to look at the fairness of their decision. There could be a number of factors that may have been overlooked by the employer that, when put on notice of such matters, would mean they would potentially reach a different decision. This could be, for example, a failure to consider suitable alternative employment or applying a selection criteria which has inadvertently and indirectly discriminated against a particular employee.

Offering employees the right to appeal their redundancy may not only make the overall procedure more “fair”, but it can also help you to identify and rectify those cases where issues of procedural fairness have been overlooked, or errors have been made. The ACAS guidance on handling large-scale redundancies recommends setting up an appeals procedure to give employees who feel they have been unfairly selected for redundancy an opportunity to argue their case. The chance to reconsider and correct any potentially unfair decision will, therefore, reduce the risk of any tribunal claims and the cost of defending these.

The appeal process will also give you advance notice of what tribunal claims may be brought, together with the opportunity to assess the level of risk associated with such claims.

 

3. No Appeals Process

 

Even if an employer does not have a formal redundancy appeal process in place, employees can still challenge a redundancy decision. Employees may write a letter to their employer explaining why they believe the redundancy selection was unfair. If the employee is not satisfied with the employer’s response, they may consider taking the matter further by making a claim for unfair dismissal through an employment tribunal.

 

4. Getting the Redundancy Appeal Process Wrong

 

If you provide a contractual right to a redundancy appeal procedure but you fail to honour this right, denying an employee the opportunity to challenge any decision to dismiss could be classed by a tribunal as substantively and procedurally unfair. Any attempt to circumvent a clear contractual right could result in a costly unfair dismissal claim.

It’s also important to ensure that where you offer and honour any right to an appeals procedure, this is followed fairly and consistently by all affected employees. This means that you cannot discriminate between who is allowed to appeal and who isn’t or differ in the way that you conduct each appeal with different employees. Again, this could result in you defending a claim before the tribunal for procedural unfairness. If you fail to follow your own appeals procedure, that is probably going to make the dismissal unfair.

There is always the argument that given the opportunity to appeal, or had a fair appeals procedure been followed, this would have made no difference in any event and that the employee would still have been dismissed. However, if your redundancy procedures are regarded by a tribunal as fundamentally flawed, any award of damages can still be significant, regardless of the potential outcome, had you acted fairly.

 

Section C: Grounds to Appeal Redundancy

 

For employers, being aware of the common reasons for redundancy appeals allows for better preparation and a more effective approach to handling appeals.

 

1. Common Grounds for Redundancy Appeals

 

Several common grounds for appeal can arise resulting from redundancy situations:

 

Table: Common Grounds for Appeal

Grounds for Appeal	Description
Unfair Selection	Claim that selection criteria were biased or discriminatory.
Procedural Errors	Failure to follow proper redundancy procedures.
Lack of Genuine Redundancy	Argument that the role is still needed or relevant.
Failure to Consider Alternatives	Alternatives to redundancy were not adequately explored.

 

a. Unfair Selection

Employees may argue that the selection criteria used to determine who was made redundant were unfair or discriminatory. For example, if the criteria disproportionately affected a specific group based on age, gender, or other protected characteristics, this could lead to claims of discrimination. Furthermore, if employees believe that their performance was evaluated subjectively rather than using clear, objective criteria, they may challenge the fairness of the selection process.

 

b. Procedural Errors

If the redundancy process does not follow the proper legal procedures, employees may have grounds for appeal. This can include failure to consult employees adequately, not providing sufficient notice periods, or neglecting to consider alternatives to redundancy. Employers must adhere to their own policies and the legal framework to avoid procedural errors that can undermine the validity of their decisions.

 

c. Lack of Genuine Redundancy

Employees may contest the redundancy by asserting that their position is still necessary for the business’s operations. If the employer has continued to employ others in similar roles or has hired new staff during or after the redundancy process, this may indicate that the redundancy was not genuine. In such cases, employees can argue that their dismissal was unfair.

 

d. Failure to Consider Alternatives

An appeal may be based on the argument that the employer did not adequately consider alternatives to redundancy, such as redeployment, reduced hours, or voluntary redundancy options. Employees can assert that they could have been retained in a different capacity, which would have avoided the redundancy altogether.

 

e. Inconsistent Application of Criteria

If the redundancy criteria were applied inconsistently among employees, this can provide grounds for an appeal. For example, if one employee was retained despite not meeting the selection criteria while another who met the criteria was made redundant, this inconsistency can indicate unfair treatment.

 

2. Importance of Valid Reasons for Appeal

 

Valid grounds for appeal are necessary for a number of reasons:

 

a. Maintaining Fairness

Providing valid grounds for appeal helps ensure that employees feel their concerns are taken seriously and that the redundancy process is conducted fairly. This fosters a positive workplace environment and enhances trust between employees and management.

 

b. Legal Protection

Employees who present valid reasons for appeal can protect their rights under UK employment law. If the appeal process is handled correctly, it can prevent potential claims of unfair dismissal or discrimination, safeguarding the employer from legal repercussions.

 

c. Organisational Improvement

The appeal process can serve as a valuable feedback mechanism for employers. By understanding the reasons employees appeal, organisations can identify areas for improvement in their redundancy procedures, ultimately leading to better practices in the future.

 

d. Constructive Resolution

A well-structured appeal process that considers valid reasons can lead to constructive outcomes. This may include reinstating an employee, exploring alternative roles, or clarifying the redundancy process, all of which can contribute to a more harmonious workplace.

 

Section D: Redundancy Appeal Process

 

It is considered good practice to give employees the opportunity to appeal if they believe their redundancy selection was unfair. This option should be included in your redundancy plan and may also be outlined in employee contracts or your redundancy policy.

Having selected an employee for redundancy, you must notify them of your decision to terminate their employment in writing. If you are offering the opportunity to appeal, you should also inform the employee of this right and explain the procedure for appealing your decision to dismiss.

Putting this procedure in writing can be key to ensuring that all employees are treated consistently and in demonstrating to a tribunal the fairness of your approach.

The following steps offer general guidance on redundancy appeals, although the manner in which you conduct any appeals will often depend on the size of your business, the number of redundancies being made and the resources available to you.

 

Step	Key Points
Step 1: Appeal Notification	– Employee submits written appeal with reasons. – Employer provides submission method and acknowledges promptly.
Step 2: Timeline	– Appeal usually submitted within 5 days. – Timeline communicated in redundancy notice and handbook.
Step 3: Appeal Hearing	– Employer arranges meeting. – Employee can be accompanied. – Hearing led by impartial senior staff or external consultant.
Step 4: Decision Making	– Review all information. – Decision made within a reasonable time. – Communicated in writing; uphold or reject.

 

Step 1: Initial Notification of Appeal

Any employee who feels they have been unfairly selected for redundancy or there was a problem with the redundancy process and wishes to challenge your decision should submit a formal written notification of appeal. This document should clearly outline the grounds for the appeal, specifying any perceived unfairness or procedural errors in the redundancy process.

Employees should be given a reasonable timescale to appeal.

Employers should provide employees with a designated email address or a specific form to streamline the submission process. Prompt acknowledgement of the appeal is important, as it sets a positive tone for further communication.

 

Step 2: Timeline for Submitting an Appeal

Employers should establish a clear timeline for the submission of appeals. Typically, employees are required to submit their appeal within a specified period from the date they were informed of their redundancy.

In accordance with ACAS guidance, a period of 5 days from the date of receiving their redundancy notice would generally be considered reasonable.

The relevant timeline should be clearly communicated in the redundancy notice and in the employee handbook or relevant policies.

 

Step 3: Appeal Hearing

After receiving the appeal notification, employers should arrange a formal appeal meeting. The employee should be informed of the date, time, and location of the meeting well in advance, allowing them adequate time to prepare.

Employees have the right to be accompanied to the appeal meeting by a colleague or a trade union representative. Employers should communicate this right clearly and provide guidance on who can accompany the employee.

The appeal hearing should be conducted by a senior member of staff not involved in the original decision-making process. If this is not possible, the person leading the appeal should be impartial. If resources allow, you may need to consider instructing an external independent HR consultant.

During the meeting, both the employer and the employee should have the opportunity to present their case. Employers should remain open-minded and attentive, allowing the employee to express their concerns fully.

 

Step 4: Decision Making

After the appeal meeting, the employer must carefully consider all the information presented. This includes the employee’s reasons for appeal, any supporting documentation, and the points raised during the meeting. Employers should also refer back to the original redundancy process to ensure that all procedures were followed correctly.

A decision should be made within a reasonable timeframe, typically within a few days to a couple of weeks after the meeting. It is important that this decision is communicated in writing to the employee, outlining the reasons for the decision and any actions taken as a result.

If the appeal is upheld, employers should detail the steps they will take, which may include reinstatement or offering alternative roles.

If the appeal is rejected, the written decision should reiterate the grounds for redundancy and confirm that the process was followed correctly. This means the dismissal, notice period and any entitlement to redundancy pay will continue as before.

 

Section E: Potential Outcomes of a Redundancy Appeal

 

The following are some of the possible results of the appeal process and the next steps that may follow.

 

Table: Potential Outcomes of an Appeal

Outcome	Description
Upholding Original Decision	The initial redundancy decision remains unchanged.
Reinstatement	Employee is returned to their original role.
Alternative Position	Employee is offered a different role within the organisation.
Compensation	Employee may receive severance or back pay.

 

1. Upholding the Original Decision

One potential outcome is that the employer decides to uphold the original redundancy decision. This conclusion may arise if the employer finds that the redundancy was justified, the selection process was fair, and the proper procedures were followed. In such cases, the employer should communicate clearly to the employee the rationale behind this decision, emphasising the adherence to policy and legal requirements.

 

2. Reinstatement

If the appeal is successful, one possible outcome may be the reinstatement of the employee. This decision typically occurs when it is determined that the redundancy was not genuine or that proper procedures were not followed.

Reinstatement means the employee will return to their original role, often with back pay and benefits restored.

If the employee’s contract has already been terminated, they should be reinstated without any break in their continuity of service.

If their redundancy notice period has not yet ended, the contract of employment should continue as though the employee had not been selected for redundancy in the first place.

 

3. Alternative Position

In some cases, the appeal may result in the employee being offered an alternative position within the organisation. This option can be particularly valuable if the employee has skills and experience that are needed elsewhere in the company. Offering alternative roles can help retain talent while minimising the impact of redundancy.

 

4. Compensation

If the appeal determines that the redundancy was handled improperly, the employer may offer compensation to the affected employee. This compensation could take various forms, including severance pay, back pay for the period of wrongful dismissal, or a settlement agreement. The amount and nature of compensation will often depend on the circumstances surrounding the redundancy and the employer’s policies.

 

5. Policy Review and Improvement

Another potential outcome is that the appeal process prompts the employer to review and improve their redundancy policies and procedures. This reflection may include revising selection criteria, enhancing consultation practices, or providing additional training for management on redundancy processes. This proactive approach can help prevent similar issues in future redundancy situations.

 

Section F: Best Practices for Employers

 

Employers who follow best practices during the redundancy and appeal process can reduce the risk of legal challenges and demonstrate their commitment to treating employees with respect and transparency.

 

1. How to Handle the Appeal Process

 

Handling appeals effectively can prevent misunderstandings and reduce the risk of legal claims.

 

a. Timely Response

Employers should respond promptly to appeal notifications to demonstrate respect for the employee’s concerns. Timeliness in acknowledgement and scheduling meetings can help alleviate anxiety and uncertainty for the employee.

 

b. Maintain Objectivity

Employers must remain objective throughout the appeal process. Employers should avoid personal biases and focus on the facts of the case. Engaging an impartial third party, if necessary, can help ensure fairness in the review of the appeal.

 

c. Open Communication

Keeping lines of communication open is essential during the appeal process. Employers should encourage employees to voice their concerns and ask questions. Providing a platform for dialogue can lead to a more collaborative environment and may help in resolving issues amicably.

 

2. Tips for Conducting Fair Appeal Meetings

 

A well-structured appeal hearing gives employees the opportunity to raise concerns about their redundancy while allowing employers to address the issues before they escalate further.

 

a. Preparation

Before the appeal meeting, employers should thoroughly review all relevant documentation, including the initial redundancy decision, the employee’s appeal letter, and any other pertinent materials. This preparation will enable employers to engage meaningfully during the discussion.

 

b. Set a Respectful Tone

The appeal meeting should be conducted in a respectful and professional manner. Employers should create a safe space for the employee to express their concerns without fear of retribution. Setting a respectful tone encourages open dialogue and can lead to a more productive meeting.

 

c. Take Notes

During the meeting, employers should take detailed notes on the points discussed. This documentation can be invaluable in the decision-making process and provides a record of what transpired during the meeting.

 

d. Clarify Next Steps

At the end of the meeting, employers should clarify the next steps in the process, including when the employee can expect a decision. Providing a clear timeline helps manage expectations and reinforces transparency.

 

3. Importance of Clear Documentation

 

Accurate records of consultations, decisions, and communications help demonstrate that procedures were followed correctly. If disputes arise, thorough documentation provides valuable evidence that the process complied with legal requirements and company policies.

 

a. Legal Protection

Clear documentation is essential for legal compliance. In the event of a dispute or claim, having a well-documented appeal process can serve as evidence that the employer acted fairly and followed the correct procedures. This documentation includes records of the initial redundancy decision, the appeal notification, meeting notes, and the final decision.

 

b. Consistency

Documenting the process ensures consistency in how appeals are handled across the organisation. This consistency helps create a fair environment for all employees and minimises the risk of claims of favouritism or discrimination.

 

c. Clarity for All Parties

Detailed documentation provides clarity for both the employer and the employee regarding the rationale behind decisions. This transparency helps mitigate misunderstandings and can foster a sense of fairness in the workplace.

 

d. Facilitating Improvements

An organised record of appeals can help employers identify patterns or recurring issues within the redundancy process. By analysing this data, employers can implement improvements in their policies and procedures, ultimately leading to a more effective redundancy framework.

 

Section G: Legal Considerations and Risks

 

The redundancy appeal process carries potential legal risks for employers, such as claims of unfair dismissal or discrimination. By adhering to proper procedures, employers can minimise risks, which can include:

 

1. Unfair Dismissal Claims

One of the most significant risks employers face during redundancy is the potential for unfair dismissal claims. Employees who believe they have been made redundant unfairly may bring a claim before an employment tribunal. If the tribunal finds that the redundancy was not genuine or that the employer failed to follow proper procedures, the employee may be awarded compensation, which could include lost wages and benefits.

 

2. Discrimination Claims

Employers must ensure that the selection criteria used during the redundancy process do not discriminate against employees based on protected characteristics, such as age, gender, race, or disability. If an employee can demonstrate that they were selected for redundancy due to discriminatory practices, the employer may face legal action. Discrimination claims can result in significant financial penalties and damage to the employer’s reputation.

 

3. Breach of Contract Claims

If an employer fails to adhere to the terms outlined in an employee’s contract regarding redundancy procedures, they may face breach of contract claims. This can occur if the employer does not provide the required notice period or if they do not follow the stipulated redundancy procedures set out in company policy or individual contracts.

 

4. Failure to Consult

The legal requirement for employers to consult with employees during the redundancy process is paramount. Failing to conduct adequate consultations can lead to claims of unfair dismissal. Employers must demonstrate that they engaged in meaningful discussions and considered alternatives to redundancy. A lack of consultation can significantly weaken an employer’s position in any subsequent legal proceedings.

 

5. Reputational Damage

Legal implications extend beyond financial consequences. Employers found to have mishandled redundancy processes may experience reputational damage, leading to a decline in employee morale, difficulties in recruitment, and a tarnished public image. Negative publicity can have lasting effects on an organisation’s ability to attract and retain talent.

 

Section H: Summary

 

A redundancy appeal allows employees to challenge their redundancy if they believe the process was unfair or improperly handled. In the UK, while there is no legal obligation for employers to offer an appeal, doing so is widely considered good practice. Offering an appeal helps demonstrate that the employer has followed a fair and transparent process, which can help reduce the risk of legal claims.

For employers, key risks associated with redundancy appeals include potential claims for unfair dismissal or discrimination. If the redundancy selection criteria are unclear or discriminatory, or if the proper consultation process has not been followed, employees may pursue legal action through an employment tribunal. These cases can result in financial penalties and reputational damage.

Employers should ensure their redundancy processes are well-documented, with clear selection criteria and consultation periods, to defend against potential claims. The appeal process should be clearly communicated to employees, and employers should offer a reasonable timeframe for submitting appeals. Additionally, it is advisable to allow employees to be accompanied during appeal meetings, further ensuring fairness.

By approaching redundancy appeals with fairness and transparency, employers can minimise legal risks and demonstrate a commitment to treating employees fairly, which is beneficial both legally and for maintaining workplace morale.

 

Section I: Need Assistance?

 

DavidsonMorris are experienced legal advisers to employers on all aspects of redundancy and employee dismissals. Our employment law specialists work closely with our HR adviser colleagues, providing a holistic service to employers managing employee redundancies and advising on procedural matters and employee entitlements to reduce the risk of legal complaints. We also have specific expertise in the use of settlement agreements during the redundancy process. For help and advice on a specific issue, speak to our experts.

 

Section J: FAQs

 

What is a redundancy appeal?
A redundancy appeal is when an employee formally challenges their redundancy, usually because they believe the decision was unfair or the process wasn’t handled properly. It allows the employer to review the decision and address any concerns raised by the employee.

 

Is it mandatory for employers to offer a redundancy appeal?
Offering a redundancy appeal is not a legal requirement. However, it is considered good practice and can demonstrate fairness in the process. Providing an appeal option helps reduce the risk of legal claims for unfair dismissal.

 

What are common reasons for appealing redundancy?
Employees might appeal redundancy decisions based on unfair selection criteria, discrimination, lack of consultation, or if they believe their role is still necessary for the business.

 

How can an employee submit a redundancy appeal?
Employees should submit their appeal in writing, clearly stating the reasons they believe the redundancy decision was unfair. It’s important to check if the employer has a specific process for appeals, which may be outlined in the redundancy policy.

 

What happens after an appeal is submitted?
Once an appeal is submitted, the employer should arrange a meeting with the employee to discuss their concerns. After reviewing the case, the employer will make a final decision and communicate it to the employee, usually in writing.

 

Who should hear a redundancy appeal?
Ideally, a redundancy appeal should be heard by someone other than the original decision-maker or anyone directly involved with the redundancy process. If this isn’t possible, the appeal should be led by someone who is impartial or independent.

 

Can an employee take legal action if their appeal is unsuccessful?
If an employee believes the redundancy process was still unfair after their appeal, they may pursue a claim for unfair dismissal through an employment tribunal. It is advisable to seek legal advice before proceeding with this step.

 

Section K: Glossary

 

Term	Definition
Redundancy	The dismissal of an employee because their job is no longer required, often due to changes in business needs or organisational restructuring.
Appeal	A formal request by an employee for a review of the redundancy decision, typically when they believe it was unfair or improperly handled.
Consultation	The process of discussing potential redundancies with employees, giving them the opportunity to understand the reasons and propose alternatives.
Selection Criteria	The standards or measures an employer uses to choose which employees will be made redundant, which must be fair, transparent, and non-discriminatory.
Unfair Dismissal	A claim made by an employee if they believe they were dismissed without a fair reason or if proper redundancy procedures were not followed.
Reinstatement	The process of returning an employee to their former position after a successful redundancy appeal.
Alternative Employment	Offering an employee another role within the organisation as an alternative to redundancy.
Compensation	Financial payment made to an employee who has been made redundant, or when their redundancy is found to have been handled unfairly.
Redundancy Pay	The compensation an employee is entitled to receive upon being made redundant, depending on their length of service and legal eligibility.
Notice Period	The amount of time an employer is required to give an employee before their employment is terminated due to redundancy.
Employment Tribunal	A legal body that hears disputes between employees and employers, including cases related to unfair dismissal and redundancy appeals.
Legal Compliance	The act of ensuring all redundancy processes adhere to UK employment laws and regulations, protecting employers from legal claims.
Discrimination	Treating an employee unfairly during the redundancy process based on protected characteristics, such as age, gender, or race, which can result in legal action.
Grievance Procedure	A formal process that employees can use to raise concerns or complaints about how their redundancy or appeal has been handled.
Documentation	The written records of the redundancy process, including consultation notes, appeal meetings, and final decisions, which are crucial for legal defence.
Voluntary Redundancy	When employees choose to leave the company in exchange for a redundancy package, usually to avoid compulsory redundancy.
Breach of Contract	A legal claim an employee may bring if an employer fails to follow the terms of their employment contract during the redundancy process.
ACAS Code of Practice	The Advisory, Conciliation and Arbitration Service’s guidelines that employers should follow when handling workplace disputes, including redundancies.
Redeployment	Offering an employee a different role within the same organisation to avoid making them redundant.

 

Section L: Additional Resources

 

ACAS – Redundancy
https://www.acas.org.uk/redundancy
ACAS provides expert guidance on redundancy, including the legal obligations of employers, consultation requirements, and employee rights during the redundancy process.

 

GOV.UK – Redundancy: Your Rights
https://www.gov.uk/redundancy-your-rights
The official UK Government page detailing employee rights during redundancy, including eligibility for redundancy pay, notice periods, and the right to appeal a redundancy decision.

 

Chartered Institute of Personnel and Development (CIPD) – Managing Redundancy
https://www.cipd.co.uk/knowledge/fundamentals/emp-law/redundancy
The CIPD offers resources and best practice guidelines for employers managing redundancies, including how to handle appeals and protect employee wellbeing.

 

Employment Rights Act 1996
https://www.legislation.gov.uk/ukpga/1996/18/contents
The full text of the Employment Rights Act 1996, which lays out the legal framework governing redundancy and dismissal rights in the UK.

 

ACAS – Disciplinary and Grievance Procedures
https://www.acas.org.uk/acas-code-of-practice-on-disciplinary-and-grievance-procedures
This ACAS guide outlines the standard procedures employers should follow when handling grievances, including redundancy appeals.

 

Personnel Today – Redundancy Process: A Guide for Employers
https://www.personneltoday.com/hr/the-redundancy-process-a-guide-for-employers/
This resource offers employers practical advice on managing the redundancy process effectively, including legal considerations and how to minimise risks.

 

GOV.UK – Employment Tribunals
https://www.gov.uk/employment-tribunals
An official government resource providing information on employment tribunals, how to file claims, and the legal steps for disputes related to redundancy or unfair dismissal.