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Redundancy Advice

Redundancy advice and claims

Redundancy can be a difficult and stressful process for both employers and employees. It often arises where a business needs to reduce costs, restructure, or respond to changes in workload, market conditions, or operational requirements. Employment law sets out clear rules to ensure redundancy is handled fairly, while also allowing employers to manage necessary changes in their workforce.

A fair redundancy process typically involves identifying a genuine redundancy situation, consulting with affected employees, applying fair selection criteria where roles are at risk, and considering suitable alternative employment where available. Employers must also ensure that notice periods, redundancy pay, and contractual obligations are correctly applied.

For employees, redundancy can raise important questions about whether the process has been carried out fairly, whether selection criteria were properly applied, and whether suitable alternative roles were considered. In some cases, employees may also have potential claims if the process has not been handled correctly or if redundancy has been used unfairly.

At Ellis-Fermor & Negus, we advise both employers and employees on all aspects of redundancy. This includes drafting and reviewing redundancy policies, advising on consultation processes, supporting decision-making during restructures, and assessing potential claims or disputes.

We also assist employees in understanding their rights, reviewing whether redundancy has been fairly implemented, and advising on possible legal options where concerns arise.

Our aim is to ensure redundancy situations are managed clearly, fairly, and in compliance with employment law, helping employers reduce risk while supporting employees through what is often a challenging period.

 

Have a question? Jump to our FAQs ↓

 

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Smiling solicitor in a light blue shirt and red tie, representing the East Midlands legal firm Ellis-Fermor & Negus, known for family law, property law, and employment law.

We are very satisfied with the service provided by Darren Kelly and his team. EFN will be our ‘go to’ firm of solicitors for all legal matters in future.

Darren Kelly

Director and Head of Dispute Resolution

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Why choose Ellis-Fermor & Negus?

Advising both employees and employers on redundancy law and disputes

Practical, commercially focused guidance

Extensive experience in redundancy pay, consultation, and tribunal claims

Local employment law experts across the East Midlands providing nationwide coverage

Clear, actionable advice to help you navigate complex employment law

Meet the team

Darren Kelly

Darren is the Head of our Dispute Resolution team and has over 20 years’ experience in Dispute Resolution. Darren qualified as a Solicitor in 1999 after reading Law and undertaking the Legal Practice Course at the University of Sheffield. He worked for a time as a legal clerk before joining Ellis-Fermor & Negus in 1998…

01773 744 744

d.kelly@ellis-fermor.co.uk

Darren Kelly is based at our Ripley Office.

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Ben Bourne

Ben Bourne is one of our directors and works within our Commercial Litigation and Charity Law departments. Ben is a member of the Charity Law Association and has also served on a number of Charity Trustee Boards.

01159 221 591

b.bourne@ellis-fermor.co.uk

Ben Bourne is based at our Beeston Office.

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Dylan Stanway

Dylan is a Solicitor in the Litigation department at our Ripley office. Dylan Studied LLB Law undergraduate degree at the University of Nottingham. He then completed the Legal Practice Course in the first intake at the University of Law in Nottingham. Dylan lives in Beeston and enjoys running in his free time, especially in Wollaton…

01773 744 744

Dylan.Stanway@ellis-fermor.co.uk

Dylan Stanway is based at our Ripley Office.

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Charlotte Price

Charlotte qualified as a Solicitor in 2025 having joined the firm as a trainee in 2023. Prior to that, she studied LLB Law at the University of Nottingham, graduating in 2022 with a first. She then completed the LLM Legal Practice Course at Nottingham Law School. Charlotte provides advice on a range of civil disputes…

0115 972 5222

Charlotte.Price@ellis-fermor.co.uk

Charlotte Price is based at our Long Eaton Office.

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Reviews, what our clients are saying…

‘Ben Bourne is exceptional, and I highly recommend him and Ellis-Fermor. After 30+years of service, I was being made redundant and a had few days to complete a settlement agreement. After cold calling Ellis-Fermor, Ben immediately put me at ease, stepping me through the process and explaining things simply and clearly. Ben took on board my situation and worked diligently to secure an improved redundancy offer within the stringent timescales. I hope not to go through redundancy again, but if I do, I will be calling Ellis-Fermor and asking for Ben.’

‘Charlotte Price at Ellis Fermor & Negus recently advised me on an employment related matter. By responding quickly and giving particularly thorough advice, we achieved a swift and agreeable resolution and with much less stress than would otherwise have been the case. Thank you, Charlotte.’

‘Due to accepting voluntary redundancy I involved this company to read through and advise me on my termination contract. Tim Jones was the solicitor assigned and hand on heart he was brilliant, guiding me through and negotiating where necessary. I would highly recommend this firm.’

‘Ben Bourne dealt with my husband’s redundancy paperwork very professionally today. He checked everything, went through and explained each clause step by step. A friend, who contacted a different solicitor also because of redundancy, said he only went in to sign his paperwork and was only in the office for seconds; at no point was anything explained to him. Ben showed empathy with my husband and seemed genuinely interested in what his next steps were because he asked questions. A true professional. Thanks for making a worrying time much easier, Ben. I will definitely recommend Ben to friends and colleagues.’

‘They demonstrated a strong level of expertise and professionalism throughout my case, ensuring that I fully understood each stage of the process. Their communication was clear, timely, and consistent, which gave me confidence and peace of mind during what could have been a stressful situation. They took the time to listen carefully to my concerns and provided practical, well-considered advice tailored to my circumstances. I felt that my best interests were their priority, and they approached my case with diligence and attention to detail. In addition, their responsiveness and willingness to answer questions made the experience far more manageable. Overall, their combination of legal knowledge, client care, and reliability makes them a firm I would not hesitate to recommend to others.’

Frequently Asked Questions

Redundancy occurs when an employee’s role is no longer needed. Common reasons include:

  • Business closure or relocation
  • Reduced workload or operational changes
  • Reorganisation or restructuring

Redundancy is more than simply ending employment. It involves specific legal requirements around:

  • Consultation – engaging employees and their representatives in good faith
  • Selection – applying fair and objective criteria for who is at risk
  • Notice – providing the correct statutory or contractual notice period
  • Redundancy pay – calculating payments accurately based on service, age, and salary

Failing to follow these rules can lead to claims for unfair dismissal, redundancy pay, or discrimination.

We help employees who:

  • Are at risk of redundancy or have been selected for redundancy
  • Wish to check if the redundancy process is lawful and fair
  • Need guidance on redundancy pay, notice periods, and alternative options
  • Face disputes over selection, consultation, or payments

Our team provides practical, step-by-step support, including:

  • Assessing whether the redundancy process complies with employment law
  • Explaining your rights and options clearly
  • Negotiating settlements or improved redundancy terms

Representing you in Employment Tribunal claims if necessary

Redundancy is often necessary for businesses, but it must be handled professionally, fairly, and in compliance with employment law. We help employers to:

  • Design fair and compliant redundancy processes
  • Conduct consultation and selection properly and objectively
  • Calculate redundancy payments accurately
  • Minimise the risk of tribunal claims for unfair dismissal

Our advice ensures that redundancies are implemented smoothly, protecting both the business and employees while reducing financial and reputational risks.

A structured redundancy process is essential for legal compliance and fairness. Key stages include:

  1. Planning and consultation – informing employees and, where appropriate, representatives, and discussing alternatives to redundancy
  2. Selection – applying objective and fair criteria to determine who may be affected
  3. Notice and redundancy pay – issuing the correct notice and calculating statutory or contractual payments
  4. Alternative roles or redeployment – considering suitable alternatives within the business
  5. Appeals and disputes – handling challenges or grievances promptly

We advise at every stage to reduce the risk of claims and ensure the process is defensible if challenged.

Redundancy disputes can be stressful but can often be resolved without the need for tribunal proceedings. Common resolution methods include:

  • Internal review or negotiation
  • Settlement agreements to end employment amicably
  • Representation in Employment Tribunal claims for unfair dismissal or redundancy pay

Our approach focuses on practical solutions, risk management, and achieving clear outcomes, ensuring minimal disruption to both employees and employers.

Employees have the right to fair consultation, objective selection, appropriate notice, and statutory redundancy pay

Yes, if the process was unfair, discriminatory, or misapplied. Claims can be pursued through negotiation, settlement, or an Employment Tribunal.

Redundancy pay depends on length of service, age, and weekly pay, subject to statutory limits. Contractual entitlements may increase this.

Yes. We provide guidance to both sides on redundancy processes, compliance, and dispute resolution.

Typically, claims must be submitted within 3 months less one day of dismissal. Early advice improves your chances of a successful outcome.

Sometimes. We advise on alternatives such as redeployment, reduced hours, voluntary redundancy, or flexible working arrangements.

Yes. When 20 or more employees are affected within 90 days, special consultation obligations apply. We guide employers on compliance with group redundancy rules.

Redundancy is challenging, but with specialist guidance, it can be handled fairly, legally, and efficiently.

If you are an employee or employer dealing with redundancy:

• Phone:

0115 972 5222 (Long Eaton)

0115 896 3390 (West Bridgford)

0115 922 1591 (Beeston)

01773 821665 (Belper)

01773 744744 (Ripley)

• Email: infomation@ellis-fermor.co.uk

• Online Enquiry: ellis-fermor.co.uk/contact-us

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