Selecting employees for redundancy: how to run a fair process 

Redundancy is a difficult reality for many organisations, and how you choose who loses their role matters as much as the decision itself. A fair, objective, and well-documented selection process protects your employees, reduces the risk of unfair dismissal claims, and helps the business come through the change with its reputation intact. 

A fair redundancy selection process rests on objective, consistent criteria that you can evidence, applied to a clearly defined pool of employees. It avoids personal preference and anything linked to a protected characteristic, and it gives employees a genuine chance to take part in consultation and to respond. Documenting each step is what lets you justify the outcome if anyone ever challenges it. Our guide on how to make an employee redundant sets out the wider process this selection sits within. 

Start by defining the pool of employees at risk, since a fair process depends on getting this right. The pool usually covers everyone doing the same or similar work, or roles that are interchangeable. Draw it too narrowly and you risk a claim of unfair selection, so set clear, defensible boundaries and record your reasoning. Where the redundancy affects only one role, the pool may be a single person, but you still need to show the redundancy is genuine. 

Score everyone in the pool against a set of objective criteria, weighted by what matters to the business. Common criteria include: 

• Standard of work or performance, drawn from appraisals rather than opinion 

• Skills, qualifications, and experience 

• Disciplinary record 

• Attendance record, adjusted to exclude protected absence 

Assign points to each level and apply the same scale to everyone in the pool. A disciplinary criterion might score like this: 

Disciplinary record	Points awarded
No warnings	10
Verbal warning	5
Written warning	3

Use measurable evidence wherever you can. Take particular care with attendance, discounting absence related to disability, pregnancy, or other protected reasons, so the matrix does not become discriminatory. 

You can include length of service, but not as the only criterion. Last in, first out on its own can amount to indirect age discrimination, since it tends to favour older employees. UK case law treats length of service as acceptable where it genuinely reflects loyalty and experience and sits alongside other objective measures. Use it as one factor among several, not the deciding one. 

Some criteria make a dismissal automatically unfair or discriminatory, whatever the business reason. Never base selection on: 

• Any protected characteristic under the Equality Act 2010: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, or sexual orientation 

• Maternity, paternity, or other family leave 

• Trade union membership or activity 

• Taking part in lawful industrial action 

• Whistleblowing or asserting a statutory right 

• Part-time or fixed-term status 

Using any of these exposes the organisation to serious legal risk, so keep every criterion strictly job-related. 

Consultation is a legal requirement, not a courtesy. Consult each affected employee individually about the reasons, the criteria, their scores, and any alternatives, and give them a real chance to respond. Where you propose 20 or more redundancies at one establishment within 90 days, collective consultation rules apply, with a minimum of 30 days before the first dismissal, rising to 45 days for 100 or more. 

The stakes have risen. Since April 2026, the maximum protective award for failing to consult properly has doubled to 180 days’ pay per affected employee, and with further reform likely from 2027, when an organisation-wide threshold will sit alongside the existing establishment trigger. Clear redundancy communications throughout the process reduce both legal risk and distress. 

Yes, where suitable alternative employment exists, you should offer it to employees at risk. If a new or similar role is available, give affected employees the chance to apply, and you may use a fair interview as one selection factor, even though it is less objective than a scored matrix. Employees on maternity leave have priority for suitable alternative vacancies. Offering alternatives shows the redundancy is a genuine last resort. 

Give employees the right to appeal their selection. A clear appeal route lets people raise concerns about their scores or the process, and shows a tribunal that you acted fairly. Handle appeals promptly, and where you can, ask someone not involved in the original decision to hear them. 

Arrange outplacement support to ease the transition for the people you make redundant. Even a fair process can leave someone feeling let down, and practical help to find their next role softens that and protects how they, and the employees who remain, view the organisation. Explore the benefits of outplacement for departing employees and your wider team. 

A redundancy selection matrix is a scoring tool that rates employees in the pool against objective, weighted criteria such as skills, performance, and attendance. It helps you make and evidence a fair, consistent selection. 

Fair criteria are objective and job-related, such as skills and qualifications, standard of work, disciplinary record, and attendance adjusted for protected absence. They must apply equally to everyone in the pool and avoid any protected characteristic. 

Define the pool fairly, use objective criteria, consult employees genuinely, offer suitable alternative roles, and allow an appeal. Document each step so you can justify the decision if anyone challenges it. 

Consult each affected employee individually. For 20 or more redundancies at one establishment within 90 days, collective consultation applies, with at least 30 days, or 45 days for 100 or more, before the first dismissal. 

This article is general guidance, not legal advice. Redundancy law changes, including reforms under the Employment Rights Act 2025, so check the current position with Acas or gov.uk and take advice from a qualified employment law professional before you act. 

A fair process is easier to deliver with the right support around it. Careerminds helps organisations handle redundancy with dignity, from planning through to outplacement, giving departing employees coaching to move forward, backed by a 95% placement rate. Learn more about our outplacement support.