Compulsory Redundancy FAQs

A compulsory redundancy is a potentially lawful dismissal where the employer has ceased or intends to cease to carry on the business for the purposes of which the employee was employed; or for employees to carry out work of a particular kind. It is defined in Section 139 of the Employment Rights Act 1996.

Unlike voluntary severance, which allows employees to choose to leave in exchange for a mutually agreed financial package, compulsory redundancy is imposed by the employer.

Compulsory redundancy is also not the same as dismissal for issues relating to capability or misconduct. These are governed by the University’s capability and disciplinary procedures respectively.

A useful guide to the law surrounding redundancy law can be found on the ACAS website. 

Formally speaking the employer will notify employees in writing that they are ‘at risk’ of redundancy. However prior to doing so, employers are legally required to collectively consult with UCU and other the recognised unions, if they are proposing to dismiss as redundant 20 or more employees within a period of 90 days or less.

The consultation period depends on the number staff potentially being dismissed. If it involves 100 or more employees then consultation must begin at least 45 days before any dismissals take effect. If 20–99 employees are involved then the consultation must start at least 30 days before.

UCU will inform members immediately if UoN notifies us of a proposal to make compulsory redundancies and thereby initiating a consultation period. Thus in practice, employees will have some notice that compulsory redundancies are possible before individuals are notified.

Shortly after or in parallel with the collective consultation the employer will identify pools of employees who do the work the employer is looking to cut. Once completed employees in this pool will be notified of being ‘at risk’ and invited to an individual consultation meeting.

1. Don’t panic. Being placed ‘at risk’ does not mean automatic dismissal. The pool of employees placed ‘at risk’ may be substantially higher than the number that the employer is looking to make redundant. In addition, the University must follow a process that includes individual consultation meetings where alternatives to redundancy are explored, including redeployment.

2. Contact the union. If you are concerned about being made redundant, you should contact your school/departmental UCU rep in the first instance. UCU members notified as being ‘at risk’ and invited to an individual consultation are entitled to be accompanied by a UCU representative. In such cases, members should request this via the UoN UCU branch web site using the ‘ask for caseworker support’ tab.

3. Review your rights. The University’s Redundancy Policy and Redeployment Guidance outline its obligations to consult with unions, provide redeployment options, and offer redundancy payments. These policies can be found here:

It is likely that HR will initially read from a script and include the rationale for the redundancy proposals; the reasons that the employee has been placed at risk; the timelines for future action and the right of appeal. It will be important to ask for and note the following information if it is not provided:

• Why is my role being made redundant? ie. why am I in this redundancy pool?
• What criteria are being used to select employees from the pool for redundancy?
• What alternatives to redundancy have been considered?
• Can I be redeployed elsewhere in the University?

This information may be useful to challenge the fairness of the redundancy if it is later confirmed.

If your role is identified as being at risk, you are eligible for redeployment within the University and you must register with the redeployment system (details are found in the Guidance for Employees at Risk of Redundancy) where you will be:

• given the opportunity to apply for such jobs prior to them being advertised more widely
•  be invited for interview in advance of any other candidates, if you meet the essential criteria for the role.
•  given a 4 week trial period where the terms and conditions differ from the original contract, which protects the right of a redundancy payment if the job proves to be unsuitable.
• Under some conditions, if the redeployment role has a lower salary there is a 4 year period of pay protection (according to the Protection of Earnings policy).

Employees who are in a redundancy protection period (those who are pregnant, are on or have been on maternity, shared maternity or adoption leave) have the right to be offered a suitable vacancy ahead of other staff who may be at risk. For more information please see this guide.

Once a pool has been established the employer will need to establish a method of selecting staff from that pool for redundancy and inform UCU of this process.

Employees selected from the pool for redundancy will then be given a notice of termination of contract by reason of redundancy. Employees may be invited to a second meeting to explain this decision. If the employer uses a scoring system to determine selection, then you are entitled to be given this score and a meaningful explanation as to how those scores were arrived at. Unfair selection for redundancy could lead to a claim for unfair dismissal to an employment tribunal.

If redundancy is confirmed, you should receive information about:

• The right to reasonable time off with pay during working hours to look for alternative work (for employees with at least 2 years’ service).
• The redundancy payment you should expect, if you have been employed for at least 2 years. This is based on your age, length of service and current salary. See the table at the end of the UoN redundancy scheme document for details. This is an enhanced scheme and provides 1.95 times the number of weeks’ pay that would be awarded under a statutory scheme.
• Any payment in lieu of notice if the employer is terminating your contract earlier than your contractual notice period.

Yes. If you believe the redundancy process was unfair, UCU can support you in challenging it both on appeal and potentially at an employment tribunal. Common grounds for challenge include:

• Failure to consider alternatives to redundancy including alternative suggestions/comments/solutions. 
• Failure to consult properly.
• Unfair selection criteria or application of such criteria.
• Discrimination based on protected characteristics (e.g., age, sex, race, disability, sexual orientation, religion or belief)

Whilst UCU is one of the unions that the employer must consult and will act in the best interests of all staff, we can only help you on an individual basis if you have been a member for >90 days. 

UCU will use the consultation process to ensure employers have legitimately explored all options to avoid compulsory redundancies.

UCU can ensure that any redundancies are carried out according to the law and, where not, collate evidence to help in legal challenges for unfair dismissal. 

UCU may also ballot members for industrial action to put pressure on employers to alter their plans. This can include actions short of a strike, strike action or marking and assessment boycotts.

You can learn more about how UCU fights redundancies here.

UCU is committed to protecting members facing redundancy. You can access support through:

• Your local UCU Branch: via your school/departmental representative or the branch e-mail.
• Legal support via the UCU legal service.
• Free initial financial consultation via Quilter financial advisors
• Counselling via UCU partner Education Support

For those members considering (early) retirement, you are advised to seek pension advice. For USS members this is here: