Redundancy & Restructuring Advice for Employers and Businesses

Making redundancies is one of the highest risk processes an employer can undertake. A misstep in selection, consultation, or documentation can result in tribunal claims that cost far more than the redundancy itself. Our redundancy solicitors advise employers and businesses across Manchester and the UK on carrying out redundancy and restructuring programmes that are legally sound, fair, and defensible. If you are considering redundancies, speaking to a redundancy lawyer before starting can save time, reduce risk and help avoid avoidable process mistakes.

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The legal requirements around redundancy are strict and the consequences of getting them wrong are significant. Unfair selection, inadequate consultation, or failure to consider suitable alternative roles can all give rise to unfair dismissal claims. Where 20 or more employees are at risk, collective consultation obligations apply and carry their own penalties for non-compliance. The financial risk of getting collective consultation wrong has increased significantly. Our redundancy solicitor team advises at every stage, from planning and selection to consultation, settlement, and TUPE where a business transfer is involved. Whether you are managing a single departure or a large-scale programme, our solicitors provide the same level of commercially focused advice.

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What This Means for You

  • A legally sound redundancy process that reduces tribunal risk
  • Clear advice on selection criteria, consultation, and documentation
  • Support through collective redundancy and TUPE obligations
  • Settlement agreements drafted to conclude departures cleanly
  • Confidence that the process is fair, defensible, and compliant


How Our Redundancy Solicitors Help Employers and Businesses

From individual redundancies to large-scale restructuring programmes, our redundancy solicitors advise on every stage of the process.

Redundancy Process Advisory

Our redundancy solicitors guide employers through the full process, covering pool selection, scoring criteria, consultation meetings, and the documentation required at each stage.

Collective Redundancy Advice

Where 20 or more employees are affected, specific collective consultation obligations apply. Our solicitors advise on timelines, employee representatives, and the notification requirements to the Insolvency Service. Failure to comply with collective consultation obligations can now lead to a protective award of up to 180 days’ pay per affected employee for dismissals taking place on or after 6 April 2026
 

Business Restructuring Support

Our restructuring lawyers help businesses plan organisational change that achieves commercial objectives while managing employment law risk. Each restructuring lawyer on our team advises on both the restructuring strategy and the individual redundancy process where redundancies are involved.

Business Restructuring Support

Our restructuring lawyers help businesses plan organisational change that achieves commercial objectives while managing employment law risk. Each restructuring lawyer on our team advises on both the restructuring strategy and the individual redundancy process where redundancies are involved.

TUPE Advice for Employers

Where a business transfer or service change is involved, TUPE obligations apply to both the outgoing and incoming employer. Our TUPE lawyer advice covers information, consultation, and the effect on existing contracts.

Redundancy Settlement Agreements

Where a settlement is the right outcome, our solicitors draft agreements that are legally sound and provide the clean break both parties need to move forward. Where the employee requires independent legal advice, this should be provided separately in line with the statutory requirements.

When to seek advice

  • You are considering redundancies and want to understand the process before starting
  • You need to make 20 or more employees redundant and collective consultation applies
  • A business transfer or restructure triggers TUPE and you need advice on your obligations
  • You want to conclude a departure by way of a redundancy settlement agreement
  • An employee has challenged their redundancy, and you need a solicitor's advice on your position
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Why Businesses Choose MAR Legal for Redundancy & Restructuring

Solicitor-Led Advice

Every redundancy matter is handled by a qualified redundancy solicitor with direct employment law experience.
 

End-to-End Support

We advise from initial planning through to settlement and pre-litigation resolution.

Fixed-Fee Options

Transparent pricing so you know the cost before committing to any stage.
 

Commercial Approach

Advice grounded in what the business needs to achieve, not just legal compliance.

Trusted by businesses across the UK for clear, accessible Redundancy & Restructuring Advice

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How Our Redundancy Process Works

01

Initial consultation

We take a brief on the business situation, the number of affected employees, and the commercial objectives driving the redundancy or restructure. A redundancy solicitor will identify the key legal issues from the outset.

02

Planning & Strategy

We advise on pool selection, scoring criteria, timelines, and the consultation process required before any decisions are made.

03

Consultation Support

We provide scripts, letters, and guidance for each stage of individual and collective consultation, keeping the process legally compliant throughout.

04

Conclusion & Documentation

We draft the outcome letters, settlement agreements, and any TUPE documentation needed to bring the process to a clean and legally sound conclusion. Your redundancy solicitor remains available throughout to advise on any issues that arise.

Redundancy Advice Before Decisions Are Made

Redundancy risk often arises before any dismissal decision is confirmed. Pool selection, scoring criteria, consultation planning and internal communications all need to be handled carefully from the outset.

We help employers plan the process properly before decisions are made, reducing the risk of unfair dismissal claims, protective awards and avoidable disputes

Redundancy & Restructuring for Employers FAQs

A fair redundancy requires a genuine business reason, a fair selection process, meaningful individual consultation, and proper consideration of suitable alternative roles before dismissal. Speaking to a redundancy solicitor before starting can save time, reduce risk and help avoid avoidable process mistakes. Common mistakes include using criteria that are too subjective, failing to document the scoring process, or treating the consultation as a box-ticking exercise. Each of these failures can give rise to an unfair dismissal claim regardless of whether the underlying business reason was genuine.

Collective redundancy obligations are triggered when an employer proposes to dismiss 20 or more employees at one establishment within a 90-day period. Where this threshold is met, the employer must notify the Insolvency Service using form HR1 before the first dismissal takes place and must carry out a minimum consultation period of 30 days for 20 to 99 redundancies, or 45 days for 100 or more. Failure to notify the Insolvency Service is a criminal offence. Failure to comply with collective consultation obligations can result in a protective award of up to 180 days’ pay per affected employee for dismissals taking place on or after 6 April 2026.

Yes. An employer is required to consider whether suitable alternative employment exists before proceeding with a redundancy dismissal. What constitutes a suitable alternative will depend on the role, the employee's skills, and the terms on offer. If a suitable alternative is offered and unreasonably refused by the employee, they may lose their entitlement to a statutory redundancy payment The obligation to search for alternatives is active. It is not sufficient to wait for vacancies to arise. The employer should be able to demonstrate that a genuine search was carried out.

TUPE stands for the Transfer of Undertakings (Protection of Employment) Regulations 2006. It applies when a business or part of a business is transferred to a new employer, or when a service is transferred from one contractor to another. Where TUPE applies, employees transfer automatically on their existing terms and conditions, and dismissals connected to the transfer are automatically unfair unless there is an economic, technical, or organisational reason entailing changes in the workforce. Both the outgoing and incoming employer have information and consultation obligations before the transfer takes place. Specialist advice should be taken early where TUPE may apply.

Performance can be used as a selection criterion in a redundancy process, but it carries risk if not applied carefully. The criterion must be measurable, consistently applied across the pool, and supported by documented evidence. Using performance as a proxy for removing a particular employee, or applying it subjectively, is likely to be challenged. Where performance is a genuine driver of the selection decision, it should be one of several criteria rather than the sole basis for selection, and the scoring process should be documented and reviewed before any outcome decisions are communicated.

A redundancy settlement agreement should clearly identify the parties, set out the termination date and the payments being made, specify which claims are being settled, and include the confidentiality and non-disparagement provisions the employer requires. It must also confirm that the employee has received independent legal advice on the terms and effect of the agreement. The agreement should be specific about what is included in the financial settlement, statutory redundancy pay, notice pay, any enhanced payment, and accrued holiday, so there is no ambiguity about what has been agreed.

The statutory minimum notice entitlement is one week for each complete year of service, up to a maximum of 12 weeks, for employees with at least one month's service. Many employment contracts provide for longer contractual notice periods, and the higher of the statutory and contractual entitlement applies. The employer can require the employee to work the notice period, place them on garden leave, or make a payment in lieu of notice if the contract allows. Redundancy pay is calculated separately from notice pay and applies to employees with at least two years of continuous service.

MAR Legal provides advisory and documentation support in relation to redundancy and restructuring matters. This service is limited to pre-litigation advice and does not include representation at tribunal or the conduct of litigation. Where a matter involves reserved legal activities, we work alongside appropriately regulated professionals.