Redundancy Appeal Can you appeal redundancy? Understand your right to challenge redundancy selection, the appeal process, and potential outcomes.
Last updated: 30 January 2025 Understanding your right to appeal redundancy helps you challenge decisions you believe are unfair.
Right to Appeal
Do I Have a Right?
Source Position ACAS Code Recommends appeal right Company policy Usually provides Good practice Essential for fairness Contractual May be specified
Why Appeals Matter
For Employee For Employer Challenge unfairness Identify errors Present evidence Avoid tribunal Get reconsideration Demonstrate fairness Preserve rights Document process
Grounds for Appeal
Common Appeal Grounds
Ground Argument Unfair selection Incorrect scoring Procedural failure Process not followed No alternatives offered Suitable roles exist Discrimination Protected characteristic affected Inadequate consultation Not properly consulted New information Evidence not considered
Selection Criteria Issues
Issue Example Incorrect scoring Wrong marks given Inconsistent application Others scored differently Subjective criteria Too vague Discriminatory criteria Disadvantages you Evidence ignored Your achievements overlooked
Procedural Failures
Failure Impact No/inadequate consultation Proper process not followed Not considered alternatives Redeployment overlooked Selection pool wrong Should include others Predetermined outcome Decision already made
Making an Appeal
How to Appeal
Step Action Check deadline Usually in dismissal letter Write appeal Set out grounds Submit To named person Prepare For appeal meeting
What to Include
Element Content Statement That you're appealing Grounds Why decision is unfair Evidence Supporting your case Remedy What you want
Example Appeal Letter
"I am writing to appeal against my redundancy, effective [date]. My grounds for appeal are:
[First ground - e.g., incorrect scoring]
[Second ground - e.g., alternative role not offered]
I request that my appeal be heard at the earliest opportunity."
Appeal Process
Typical Process
Stage What Happens Receipt Employer acknowledges Review Manager reviews grounds Meeting Appeal hearing held Decision Outcome communicated
Appeal Meeting
Element Detail Timing As soon as practicable Attendees Senior manager (different from original) Right to accompany Colleague or union rep Your chance Present your case
At the Meeting
Do Don't Present your case clearly Get emotional/aggressive Provide evidence Make unsubstantiated claims Listen to response Interrupt Ask questions Accept incorrect statements Note key points Forget to bring evidence
Preparing for Appeal
Gathering Evidence
Evidence Purpose Your scoring Compare to reality Achievement records Counter low scores Selection criteria Check fairness Others' treatment Consistency comparison Job adverts Alternative roles exist
Questions to Consider
Was the selection pool fair?
Were criteria applied consistently?
Was my scoring accurate?
Were alternatives considered?
Was consultation adequate?
Was there discrimination?
Possible Outcomes
Appeal Succeeds
Outcome Effect Reinstated Keep your job Redeployed Alternative role offered Rescoring May change outcome Enhanced package Better terms
Appeal Fails
Outcome Options Redundancy confirmed Accept or... Tribunal claim If unfair Negotiation Settlement agreement
Partial Success
Result Example Acknowledged issues But redundancy stands Enhanced package Compensation increased Better reference Terms improved
If Appeal Is Refused
No Appeal Offered
If employer refuses appeal:
Issue Position Request in writing Ask for appeal Document refusal Evidence of process failure Tribunal claim Strengthened
Appeal Rejected
Next Steps Consider Review reasons Are they valid? Consider tribunal Do you have a case? Negotiate Settlement possibility Accept Move on
Link to Tribunal Claims
How Appeal Affects Claim
Factor Impact Using internal process Expected before tribunal Procedural fairness Appeal shows (or not) Evidence Created during appeal Time limits Still running
Time Limits
Tribunal Deadline ACAS notification 3 months less 1 day Claim submission After ACAS Don't delay Appeal doesn't stop clock
ACAS Early Conciliation
Action When Start ACAS While appealing or after Stops time limit During conciliation Don't wait For appeal outcome
Specific Issues
Discrimination Appeal
If discrimination involved:
Argument Evidence Selection discriminatory Pattern of selection Criteria disadvantage Protected characteristic Different treatment Comparator evidence
Pregnancy/Maternity
| Special rules | Apply |
| Alternative priority | Must be offered first |
| Selection cannot | Disadvantage for pregnancy |
Practical Tips
For Employees
Tip Why Appeal promptly Don't miss deadline Be specific Vague appeals fail Gather evidence Support your case Stay professional Better impression Know time limits Tribunal deadlines
What to Avoid
Mistake Consequence Missing deadline Lose appeal right Emotional appeal Less effective No evidence Hard to prove Not attending meeting Default decision
During Notice Period
Appealing While Working Notice
Situation Position Notice continues Unless appeal succeeds Employment continues Until termination Appeal outcome May change everything
If Appeal Succeeds Late
Scenario Resolution After notice ends May need to return Settlement Financial settlement Reinstatement Back to work
Documentation
Keep Records Of
Document Why Appeal letter Your submission Response Employer's position Meeting notes What was discussed Outcome letter Final decision All correspondence Full record
If Going to Tribunal
These records will be:
Evidence of process
Show what was argued
Demonstrate employer response
Support your claim
Frequently Asked Questions
Can I appeal my redundancy? Most employers offer a right to appeal redundancy decisions, and best practice requires it. Grounds for appeal include unfair selection scoring, failure to follow proper process, overlooked alternative roles, and discrimination concerns.
What grounds can I use to appeal redundancy? Common grounds include: incorrect scoring against selection criteria, inconsistent application of criteria, suitable alternative roles not offered, inadequate consultation, procedural failures, and discrimination based on protected characteristics.
What happens if my redundancy appeal succeeds? If your appeal succeeds, you might keep your job (if still exists), be redeployed to another role, have your redundancy compensation increased, or have procedural issues acknowledged (which strengthens any tribunal claim). Disclaimer: This information is for general guidance only and does not constitute legal advice. Employment law is complex and changes frequently. For specific situations, consult ACAS, a qualified employment lawyer, or HR professional.