The legal definition of redundancy is specific. If your role continues — with someone else filling it — you may have a much stronger unfair dismissal claim than a redundancy entitlement.
What Is a Genuine Redundancy?
Under the Employment Rights Act 1996, redundancy arises when:
- The employer ceases or intends to cease carrying on business generally, or at the place where the employee worked; or
- The requirements for employees to carry out work of a particular kind have ceased or diminished (or are expected to)
If neither applies — for example, because the same work continues and someone else does it — the dismissal is not a genuine redundancy.
Signs a Redundancy May Not Be Genuine
| Indicator | What it may suggest |
|---|---|
| New hire in same or very similar role within months | Role was not eliminated |
| Contractor brought in to do same work | Cost-cutting, not genuine redundancy |
| Your work redistributed to existing colleagues without reduction | Business need unchanged |
| Selection criteria not applied consistently | Pretext for dismissal |
| No consultation on alternatives | Process not followed |
Redundancy vs Unfair Dismissal: Different Remedies
| Scenario | Claim type | Remedy |
|---|---|---|
| Genuine redundancy, fair process | Statutory redundancy pay | Up to £19,290 (2024/25) |
| Unfair dismissal (sham redundancy) | Unfair dismissal | Up to £115,115 (basic + compensatory) |
| Both (unfair selection for genuine redundancy) | Unfair dismissal | Compensatory award |
A successful unfair dismissal claim may produce higher compensation than statutory redundancy pay — but requires 2+ years’ service (unless automatically unfair).
During Consultation: Questions to Ask
- What will happen to the work I currently do?
- Has the need for the type of work I perform actually reduced?
- Are any new hires or contractors planned to cover this work?
- What alternatives to redundancy have been considered?
Get written answers.
Employment Tribunal Route
If you believe your redundancy was a sham — that your job was given to someone else rather than genuinely eliminated — you can challenge this as unfair dismissal:
- Gather evidence — document what happened to your role and who is now doing it
- ACAS Early Conciliation — contact ACAS before filing a tribunal claim (this is mandatory)
- File within 3 months — the clock starts from the date of dismissal (paused during ACAS conciliation)
- Basic award — unfair dismissal award includes a basic award (same as statutory redundancy pay formula) plus a compensatory award for your financial losses up to a statutory cap (£115,115 in 2025/26)
If the job was given to someone of a different protected characteristic (e.g. a younger or male worker replacing an older or female one), discrimination law may also apply — with an uncapped compensatory award.
Concurrent with the unfair dismissal claim, you should also claim the statutory redundancy pay itself — this is owed regardless of whether the selection was fair.