Checking your redundancy rights
If you're an employee, you can only be made redundant if the job you're doing is no longer needed.
This can happen if your employer is planning to:
- change what the business does
- change location
- change how they work, for example use new machinery or technology
- close part or all of the business
It’s not a redundancy if you’re dismissed for another reason, for example because your employer is not happy with your performance or conduct.
You have redundancy rights if:
- you're legally classed as an employee
- you've worked continuously for your employer for 2 years before they make you redundant
How you're selected
Your employer may put you in a 'selection pool' to make sure you're selected in a fair way. A selection pool is a way of grouping employees who are at risk of redundancy.
Your employer may use agreed criteria to choose who to make redundant from the selection pool.
They cannot select you or use criteria that discriminates against you based on:
- gender reassignment
- marriage or civil partnership status
- pregnancy or maternity leave – download the Acas guide to redundancy for employees who are pregnant or on maternity leave (PDF, 298KB, 13 pages)
- religion or belief
- sexual orientation
- family related leave – for example parental, paternity or adoption leave
- role as an employee or trade union representative
- membership of a trade union
- a part-time or fixed-term contract
- working time regulations – for example if you've raised concerns about holiday entitlement or rest breaks
- concerns you've raised about not being paid the National Minimum Wage
- concerns you've raised about whistleblowing
Your employer must not use criteria that indirectly discriminates against you.
For example if they use flexible working as a criteria they could be discriminating against women. They would need to show that flexible working is no longer possible after the business has changed.