Your employer has a legal obligation to select people for redundancy based on a fair process. Your employer can choose to make you redundant based on criteria like:

  • skills, qualifications or experience  

  • standard of work

  • attendance record (excluding absences relating to disability, pregnancy or maternity)

  • disciplinary record

Your work can not select people for redundancy based on things like: 

  • age

  • disability

  • gender reassignment

  • marriage or civil partnership status

  • pregnancy or maternity leave

  • Race

  • religion or belief

  • Sex

  • 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

  • Based on you having a part-time or fixed-term contract

  • Based on concerns you've raised about holiday entitlement or rest breaks

  • Based on concerns you've raised about not being paid the National Minimum Wage

These are examples of direct discrimination and they’re illegal. 

Your employer also can’t select you for redundancy based on indirect discrimination, which means decisions that might seem fair at first glance, but actually discriminate against certain groups of people. For example, making someone redundant because they need to use flexible working more than other employees can be indirect discrimination, because women are much more likely to use flexible working due to childcare responsibilities.

If you have any questions about the information above and would like to speak to an Organise staff member directly, use this link to send us a message and we'll get back to you as soon as we can.