8. Appealing a redundancy
If you think you were selected unfairly or there was a problem in the redundancy process, your employer should offer you the chance to appeal.
How to appeal
You should talk to your employer first and check if they have an appeals process you can follow.
Even if there's no appeals process, you can still write to your employer with the reasons you think the redundancy is unfair.
You should appeal in writing to your employer within a reasonable timescale of being told you'll be made redundant. For example, 5 days could be reasonable.
Use our redundancy appeal letter template
It's a good idea to get help from employee representatives, such as a trade union, who may be able to accompany you to any meetings with your employer.
You can ask your employer if a senior member of staff who was not involved in the redundancy selection process can handle the appeal.
At the appeal meeting
Your employer should arrange a meeting as soon as possible to discuss your appeal.
You should ask if you can have someone you work with or a trade union representative to accompany you at the meeting. It can help to have a neutral person to offer you support and take notes.
At the meeting, explain your reasons for thinking the redundancy process or how you were selected for redundancy was unfair.
What happens next
Your employer will consider your appeal and will tell you if they accept or reject it. They should put 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 treat 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.
Making a claim to an employment tribunal
You might be able to make a claim to an employment tribunal for unfair dismissal if you feel:
- you were unfairly selected
- your employer did not follow a fair process
- your employer did not hold genuine and meaningful consultation before making redundancies
- your employer failed to consider alternatives to redundancy
- there was a suitable alternative role available that your employer failed to offer you
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