UK · Redundancy

Redundancy appeal process

UK employees dismissed for redundancy have a contractual right to appeal (statutory in some employers). Appeals must be lodged within 5-10 working days, heard by a senior manager, and produce a written decision. Failure to allow appeal can uplift tribunal compensation by 25%.

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Grounds for appeal

  • Selection criteria unfairly applied (scoring errors, subjective bias, protected-characteristic impact).
  • Consultation was inadequate (rushed, no meaningful discussion, no consideration of alternatives).
  • Suitable alternative employment not offered or genuinely considered.
  • Redundancy is not a genuine dismissal reason (sham redundancy where role continues).
  • Procedural failure in the redundancy process.
  • New information now available.

Lodging the appeal

Written notice of appeal to HR or the dismissing manager within the deadline (usually 5-10 working days). The letter should:

  1. Date and reference the dismissal decision.
  2. State clearly that the letter is an appeal.
  3. Set out the specific grounds.
  4. Request the appeal be heard within a reasonable time.
  5. Request the right to be accompanied at the hearing.

The appeal hearing

Best-practice conduct:

  • Heard by a manager senior to the dismissing manager.
  • Employee may be accompanied by a colleague or trade union representative.
  • All documentary evidence considered - scoring sheets, consultation records, alternative role list.
  • Employee given fair opportunity to make their case.
  • Manager considers the case in full before deciding.
  • Written decision issued within 5-10 working days of the hearing.

Possible outcomes

  • Appeal upheld - dismissal reversed, employee reinstated with backdated pay.
  • Appeal partially upheld - dismissal stands but selection revised (e.g. alternative role offered).
  • Appeal dismissed - original decision confirmed. Written reasons provided.
  • Fresh consultation ordered - process reopened at an earlier stage.

ACAS Code of Practice

The ACAS Code of Practice on Disciplinary and Grievance Procedures applies to redundancy appeals (via analogy). Failure to follow the Code can uplift tribunal compensation by up to 25%. Key requirements: fair hearing, right to be accompanied, written decision, and appeal.

Timing considerations

Employee time considerations:

  • Appeal deadline - lodge within 5-10 working days of dismissal.
  • Tribunal deadline - 3 months less one day from effective date of termination for unfair dismissal claim.
  • ACAS Early Conciliation - compulsory before tribunal, notify within the 3-month period.

The appeal and tribunal deadlines run in parallel. Do not miss the tribunal deadline while waiting for the appeal outcome.

Where the appeal fails

  1. Get written reasons in full.
  2. Consider whether the appeal decision is itself reviewable.
  3. Notify ACAS Early Conciliation.
  4. Bring an unfair dismissal claim at tribunal (2 years service required for ordinary unfair dismissal).
  5. Consider discrimination claim if protected characteristic is engaged (no service qualifier, uncapped compensation).

See employment tribunal UK.

Employer duty during appeal

The employer must:

  • Accept the appeal in good faith.
  • Provide the specific evidence the dismissing manager relied on.
  • Facilitate the hearing with an independent appeal chair.
  • Consider the appeal case genuinely - not a rubber stamp.
  • Communicate the decision with reasons.

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Frequently asked questions

Can I appeal a redundancy dismissal?
Yes. Appeal is normally a contractual right (statutory in some employers). Lodge within the deadline (usually 5-10 working days). Failure to allow appeal can uplift tribunal compensation by 25%.
What grounds can I appeal on?
Selection criteria unfairly applied, consultation inadequate, suitable alternative not offered, sham redundancy, procedural failure, or new information now available. Be specific in the appeal letter.
Who hears the appeal?
A manager senior to the dismissing manager, ideally with no prior involvement in the redundancy decision. Employee may be accompanied by a colleague or trade union representative.
What if the appeal fails?
Get written reasons, notify ACAS Early Conciliation, and consider an unfair dismissal claim at tribunal within 3 months less one day of the effective date of termination. Discrimination claims may apply if a protected characteristic is engaged.
Do I have to wait for the appeal decision before filing at tribunal?
No. Appeal and tribunal deadlines run in parallel. Do not miss the tribunal deadline while waiting for the appeal outcome. Notify ACAS Early Conciliation as early as possible.

Sources and further reading

General information about UK employment law, not legal advice. For your situation, contact ACAS or an employment-law solicitor.