Your rights during redundancy

Appeal against redundancy

You can appeal against being made redundant if you believe you were unfairly selected or your employer did not follow a fair redundancy process.

Appeal to your employer

You should talk to your employer first and check if they have an appeals process. If they don’t you can write to them explaining why you think the redundancy is unfair.

You can get help from staff representatives such as trade unions who can attend any meetings your employer might set up. You can also ask for a senior member of staff who wasn’t involved with the selection process to come to meetings.

What your employer can do 

Your employer needs to tell you if they accept or reject your appeal. They need to confirm this in writing.

If they accept your appeal

If you’re still on your notice period they can offer you your job back. This means your employment contract will be the same as before you were selected for redundancy.

If you’ve finished your notice period they can put you back on your previous employment contract. They should consider you as having worked continuously from the date they originally hired you. You must be paid for the time you were not at work.

You’ll need to pay back any redundancy pay.

If they reject your appeal

If you’re due redundancy notice and pay these will continue as planned.

Make a claim to an employment tribunal

If you still believe your redundancy is unfair you can make a claim to an employment tribunal. You need to contact Acas before making your claim.

Acas can work with you and your employer to try and resolve the issue without going to a tribunal. This is known as ‘early conciliation’.

If you do make a claim you need to get an early conciliation certificate from Acas. 

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