Unfair Redundancy Employment Tribunal Claim (2026 Guide)

Being made redundant is a difficult experience, but it becomes a legal matter when the redundancy was not genuine, the process was unfair, or the selection criteria were applied improperly. If your employer has dismissed you on grounds of redundancy but the real reason was something else, or if the employer failed to follow a fair process, you may have a strong claim for unfair dismissal to the Employment Tribunal. This guide explains the law, how to assess whether your redundancy was fair, how to complete your ET1, and what to expect at each stage.

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When Do You Need to File an Unfair Redundancy Claim?

You should consider filing an ET1 unfair dismissal claim (on grounds of redundancy) when you believe your employer either did not have a genuine redundancy situation, or had a genuine redundancy situation but handled the process unfairly. Common situations that lead to unfair redundancy claims include:

• Sham redundancy — your role was not genuinely redundant. Your employer used “redundancy” as a label to dismiss you when the real reason was something else — such as a personal dispute, performance concerns that were never raised formally, or your exercise of a statutory right
• Unfair selection — the criteria used to select you for redundancy were not objective, were not applied consistently, or were applied in a way that discriminated against you
• No consultation — your employer failed to carry out any meaningful consultation with you before making the decision to make you redundant
• Failure to consider suitable alternative employment — your employer had other vacancies you could have filled but did not offer them to you or allow you to apply
• Predetermined outcome — the decision to dismiss you had already been made before consultation began, making the process a formality
• Discriminatory redundancy — you were selected for redundancy because of a protected characteristic (age, sex, disability, pregnancy, race, religion, or another ground)
• Redundancy connected to whistleblowing or asserting a statutory right — if you were selected for redundancy because you made a protected disclosure or exercised a legal right (such as requesting flexible working), the dismissal is automatically unfair

Qualifying service: For an ordinary unfair dismissal claim, you generally need at least two years of continuous employment. However, there are important exceptions. If your redundancy was because of a protected characteristic, whistleblowing, or trade union membership, no qualifying service is needed — these are automatically unfair dismissals. The Employment Rights Act 2025, when fully in force, will also affect qualifying service requirements. Before filing your ET1, you must complete ACAS early conciliation. Since December 2025, the conciliation period is up to 12 weeks. You will need your ACAS certificate number to submit your claim.

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What an Unfair Redundancy Claim Involves

An unfair redundancy claim combines two areas of law: the statutory definition of redundancy and the general law of unfair dismissal. The statutory definition of redundancy (ERA 1996, section 139): A redundancy situation exists where:

1. The employer has ceased, or intends to cease, to carry on the business for the purposes of which the employee was employed, or
2. The employer has ceased, or intends to cease, to carry on the business at the place where the employee was employed, or
3. The requirements of the business for employees to carry out work of a particular kind have ceased or diminished (or are expected to)

If none of these situations exist, there is no genuine redundancy — and the dismissal cannot be fair on grounds of redundancy. The general law of unfair dismissal (ERA 1996, section 98): Even if a genuine redundancy situation exists, the dismissal must be carried out fairly. The employer must show:

1. The reason (or principal reason) for the dismissal was redundancy — a potentially fair reason under section 98(2)(c)
2. The employer acted reasonably in treating redundancy as a sufficient reason for dismissal — which involves examining the process followed

The test for a fair redundancy process: The leading authority on fair redundancy is Williams v Compair Maxam Ltd [1982] ICR 156, which established that a reasonable employer carrying out a redundancy will:

• Give as much warning as possible
• Consult meaningfully with affected employees (and, where relevant, with trade union representatives)
• Adopt objective, fair, and transparent selection criteria
• Apply those criteria consistently and honestly
• Consider whether suitable alternative employment is available within the organisation

If your employer failed to do any of these things, the redundancy may be procedurally unfair.

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The Genuine Redundancy Test

The first question the tribunal will consider is whether a genuine redundancy situation existed. This is a question of fact. The tribunal will examine whether:

• The employer’s need for employees to do work of the kind you did had genuinely diminished or was expected to diminish
• The employer actually recruited someone else into your role (or a substantially similar role) shortly after your dismissal — which would suggest the redundancy was not genuine
• The employer restructured roles in a way that was not a genuine reorganisation but a pretext for removing you

If the redundancy was not genuine, the dismissal is unfair because the employer has not established a potentially fair reason for dismissal. This is a straightforward but important point — many employers dress up performance-related dismissals or personality conflicts as “redundancies.”

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Selection Criteria

Where the redundancy affects a pool of employees and selection is required, the criteria used to select who is made redundant must be objective, measurable, and fairly applied. Common selection criteria include:

• Skills, qualifications, and competencies — relevant to the ongoing needs of the business
• Performance records — based on documented appraisals and objective metrics
• Attendance and disciplinary record — though this must be applied carefully (disability-related absence, for example, should be discounted)
• Length of service — “last in, first out” (LIFO) is permitted but can give rise to indirect age discrimination claims if it disproportionately affects younger workers

The employer should define the “pool” for selection — the group of employees whose roles are at risk — before applying the criteria. The pool should include all employees doing the same or similar work. If the employer defined the pool too narrowly (for example, treating you as a pool of one when others did similar work), this is a strong indicator of unfairness. The selection criteria should be applied by someone who knows the employees’ work. Scores should be documented and consistent. If you request your scores, the employer should provide them — and you should compare them with any evidence you have of your actual performance and capabilities.

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Consultation

Meaningful consultation is a central requirement of a fair redundancy process. The purpose of consultation is to:

• Warn the employee that their role is at risk
• Explain why redundancy is being considered
• Discuss the selection criteria and how they have been applied
• Consider alternatives to redundancy — including alternative roles, reduced hours, or redeployment
• Genuinely listen to the employee’s representations and consider them before making a final decision

Consultation must not be a formality. If the decision was already made before consultation began, and the employer simply went through the motions, the process is unfair. The tribunal will examine the substance of the consultation, not just whether meetings took place. Collective consultation: Where 20 or more employees are to be made redundant at one establishment within a 90-day period, the employer must also consult with appropriate trade union or employee representatives under section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992. Failure to do so can lead to a protective award of up to 90 days’ gross pay per affected employee.

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Suitable Alternative Employment

Before making you redundant, your employer should consider whether any suitable alternative employment is available. This means looking across the organisation (not just your department) for vacancies that you could fill. If a suitable alternative vacancy exists and the employer does not offer it to you, the dismissal is likely to be unfair. “Suitable” means the role is broadly comparable in terms of status, pay, location, and the skills required. It does not have to be identical — but it must be reasonable. If a suitable alternative role is offered and you unreasonably refuse it, you may lose your right to a statutory redundancy payment. However, what counts as “reasonable” is assessed from your perspective — if the new role involves a significant pay cut, a much longer commute, or a material change in duties, your refusal may be reasonable. You have a statutory right to a four-week trial period in any new role offered as suitable alternative employment (ERA 1996, section 138). If the role does not work out during this period, you can still claim your redundancy payment.

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How to Complete Your ET1 for Unfair Redundancy: Step by Step

Step 1 — Confirm Your Personal and Respondent Details

Enter your full name, date of birth, address, and contact details in section 1. In section 2, enter your employer’s details — use the exact registered company name and address from Companies House.

Step 2 — Confirm Your Employment Details

State your start date, end date, job title, and pay details (including basic salary, regular overtime, bonuses, and benefits). Unfair dismissal compensation is calculated based on your pay details, so accuracy is important. Confirm that you have at least two years of continuous employment (unless your claim is for automatic unfair dismissal, where no qualifying period applies).

Step 3 — Select the Correct Type of Claim

In the “Type of Claim” section, tick “Unfair dismissal (including constructive dismissal).” If you are also claiming a statutory redundancy payment that has not been paid, tick “Redundancy payment” as well. If you believe the redundancy was discriminatory, also tick “Equality Act (including equal pay)” and specify the relevant protected characteristic.

Step 4 — Write Your Particulars of Claim

Set out your case clearly and chronologically.

• State your employment history. Your role, how long you had been in the role, and your responsibilities.
• Describe what happened. When were you told your role was at risk? What reason was given? Who told you? What process followed?
• Challenge the genuineness of the redundancy if appropriate. If you believe the redundancy was a sham, explain why. Was someone else hired into your role? Was the work you did still being done? Was the reorganisation genuine or a pretext?
• Challenge the process. Set out the specific failings — no or inadequate consultation, unfair or opaque selection criteria, failure to consider alternative employment, predetermined outcome.
• If the selection criteria were unfair or improperly applied, explain what criteria were used, why they were not objective or fair, and how they were applied to you.
• If there were suitable alternative roles, identify them and explain why they should have been offered to you.
• If the redundancy was discriminatory or connected to a protected right, state the protected characteristic or right and explain the connection.

Step 5 — State the Remedy You Are Seeking

The tribunal can award:

• Basic award — calculated like a statutory redundancy payment (based on age, length of service, and weekly pay, subject to the statutory cap on a week’s pay — £751 where the effective date of termination falls on or after 6 April 2026, giving a maximum basic award of £22,530 for the full 30 weeks)
• Compensatory award — compensation for financial loss caused by the unfair dismissal (capped at the lower of 52 weeks’ pay or £123,543 where the effective date of termination falls on or after 6 April 2026, under the Employment Rights (Increase of Limits) Order 2026, SI 2026/310; the limits are reviewed each April)
• Statutory redundancy payment — if it has not been paid (calculated the same way as the basic award)
• If the dismissal was discriminatory — uncapped discrimination compensation, including injury to feelings on the Vento bands

State the remedy you seek. If you are preparing a full Schedule of Loss, say so.

Step 6 — Submit Your ET1

Review all sections carefully. Submit online via the Employment Tribunal Service. Keep your acknowledgment and case number.

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Key Deadlines

Deadline	Detail
ACAS early conciliation	Must be started before filing. Since December 2025, the conciliation period is up to 12 weeks.
Current time limit	3 months less 1 day from the effective date of termination. ACAS conciliation pauses this deadline.
ERA 2025 change (from October 2026)	The time limit extends to 6 months less 1 day from the effective date of termination.
Statutory redundancy payment	If you are owed a statutory redundancy payment and your employer has not paid it, the time limit for claiming it is also 6 months from the effective date of termination under ERA 1996, section 164.
Response (ET3)	The respondent has 28 days from receiving your ET1 to file their response.
Preliminary hearing	Usually listed within 4–8 weeks of the ET3 being filed.
Final hearing	Typically 6–12 months after filing, depending on complexity and tribunal region.

File within the current 3-month time limit unless the ERA 2025 extended deadline clearly applies.

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What Happens After You File

After your ET1 is accepted, the respondent has 28 days to file an ET3. The tribunal will issue case management orders setting out the timetable for the case. At the preliminary hearing, the tribunal will define the issues. In an unfair redundancy case, the key issues are:

1. Was there a genuine redundancy situation?
2. Was redundancy the real reason for the dismissal?
3. Did the employer follow a fair process — consultation, objective selection, consideration of alternatives?
4. Did the dismissal fall within the range of reasonable responses open to a reasonable employer?

The burden of proof is on the employer to show the reason for dismissal and that it acted reasonably. If the employer cannot establish a genuine redundancy situation, or cannot show a fair process, the dismissal is unfair. Before the final hearing, prepare a trial bundle and exchange witness statements. At the hearing, both sides present evidence, witnesses are cross-examined, and the tribunal decides. If the claim succeeds, there may be a separate remedy hearing to determine compensation. Unfair redundancy cases settle frequently — particularly where the procedural failings are clear. The threat of a tribunal finding that the process was unfair often motivates employers to negotiate. However, if the case proceeds to hearing, a well-prepared claim has strong prospects where genuine procedural defects exist.

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Common Mistakes to Avoid

1. Missing the time limit. The 3-month deadline runs from the effective date of termination — the date your employment ended — not from the date you were told about the redundancy or the date of any appeal hearing. Calculate this date carefully.

2. Accepting the redundancy at face value. Many employees do not question whether the redundancy was genuine. If your role still exists, if someone else was hired to do your work, or if the “restructure” did not actually change anything, the redundancy may be a sham.

3. Not challenging the selection criteria. Ask for your scores and the criteria used. If the criteria were subjective (“cultural fit,” “flexibility”) or were not documented, challenge this in your claim.

4. Confusing a statutory redundancy payment with unfair dismissal compensation. A statutory redundancy payment is a separate entitlement. Receiving it does not prevent you from also claiming unfair dismissal. You can bring both claims.

5. Not completing ACAS early conciliation. Your ET1 will be rejected without a valid ACAS certificate number. Start the process promptly.

6. Failing to mitigate your losses. The tribunal expects you to take reasonable steps to find new employment after being dismissed. Keep records of job applications, interviews, and any offers. Failure to mitigate can reduce your compensatory award.

7. Not raising discrimination where it applies. If your redundancy was connected to a protected characteristic (pregnancy, age, disability, etc.), bring a discrimination claim alongside unfair dismissal. Discrimination compensation is uncapped, which significantly increases the potential award.

8. Vague particulars. The tribunal needs specific facts — dates of consultation meetings (or the lack of them), the criteria used, the scores given, the alternative roles that existed. Do not rely on general complaints about unfairness.

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The Rules That Apply

The primary legislation governing unfair redundancy claims is:

• Employment Rights Act 1996, section 98 — fairness of dismissal (the employer must show the reason and that it acted reasonably)
• Employment Rights Act 1996, section 98(2)(c) — redundancy as a potentially fair reason for dismissal
• Employment Rights Act 1996, section 139 — definition of redundancy
• Employment Rights Act 1996, sections 135–138 — statutory redundancy payment
• Employment Rights Act 1996, section 138 — trial period in alternative employment
• Employment Rights Act 1996, section 164 — time limit for claiming statutory redundancy payment (6 months)
• Trade Union and Labour Relations (Consolidation) Act 1992, section 188 — collective consultation (20+ redundancies)
• Employment Tribunals Act 1996, section 18A — ACAS early conciliation
• Employment Rights Act 2025 — from October 2026, extends ET time limits from 3 months to 6 months

Key case law includes Williams v Compair Maxam Ltd [1982] ICR 156 (the leading authority on fair redundancy procedure), Polkey v AE Dayton Services Ltd [1988] AC 344 (procedural failures make a dismissal unfair — the “Polkey deduction”), Safeway Stores plc v Burrell [1997] ICR 523 (three-stage test for redundancy dismissal), and Murray v Foyle Meats Ltd [1999] ICR 827 (statutory definition of redundancy — diminished requirement for work of a particular kind).

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Related Court Forms & Guides

• Form N260: Statement of Costs — the costs schedule used at summary assessment.
• Form N244: Application Notice — the form for interim applications.
• Start a Money Claim Online (OCMC) — where most civil money claims begin.
• Particulars of Claim — setting out the basis of your claim.
• Civil Court Forms Index — every civil court form guide in one place.

How Chris Can Help

Unfair redundancy claims require careful analysis of both the reason for dismissal and the fairness of the process. You need to establish whether the redundancy was genuine, identify specific procedural failings, challenge selection criteria, and calculate your losses accurately. Chris can draft your ET1 particulars of claim to a professional standard, ensuring the legal basis is clear, the chronology of events is coherent, the specific procedural defects are identified, and the claim is properly framed. Chris also prepares your Schedule of Loss covering basic and compensatory awards, and advises on whether to include a discrimination claim alongside the unfair dismissal. Self-represented litigants bring successful unfair redundancy claims regularly. The tribunal is experienced in these cases and expects employers to demonstrate a fair process. If your employer cut corners, a well-prepared claim will expose that. ·

Frequently asked questions

What is an unfair redundancy claim?

It is an unfair dismissal claim brought on grounds of redundancy. It combines two areas of law: the statutory definition of redundancy (ERA 1996, section 139) and the general law of unfair dismissal (ERA 1996, section 98). Even where a genuine redundancy situation exists, the dismissal must also be carried out fairly.

How do I know if my redundancy was unfair?

Common grounds include a sham redundancy where your role was not genuinely redundant, unfair or inconsistently applied selection criteria, no meaningful consultation, failure to consider suitable alternative employment, a predetermined outcome, or selection connected to a protected characteristic, whistleblowing or asserting a statutory right. The leading authority on a fair process is Williams v Compair Maxam Ltd [1982] ICR 156.

Do I need a minimum period of employment?

For an ordinary unfair dismissal claim you generally need at least two years of continuous employment. There are important exceptions: where the redundancy was because of a protected characteristic, whistleblowing or trade union membership, no qualifying service is needed because these are automatically unfair. Check the current rules for your situation.

Do I have to contact ACAS before filing?

Yes. You must complete ACAS early conciliation before submitting your ET1, and you will need your ACAS certificate number to file. Check the current conciliation period and time limit for your situation, as ACAS conciliation can affect the filing deadline.

Is there a fee to file an ET1?

As stated on this page, there is no fee for filing an employment tribunal claim in England & Wales. Always confirm the current position before filing.

What can the tribunal award?

Depending on your case the tribunal can award a basic award (calculated like a statutory redundancy payment, subject to the statutory cap), a compensatory award for financial loss, any unpaid statutory redundancy payment, and — where the dismissal was discriminatory — uncapped discrimination compensation including injury to feelings on the Vento bands. The statutory cap figures are updated annually, so check the current figures for your situation. Related guides: All civil court forms