Situation · Selection challenge

Challenging unfair redundancy selection

If you have been selected for redundancy and you believe the process was unfair, you can challenge it through internal appeal and, within 6 months less one day (3 months if employment ended before 1 October 2026), through an employment tribunal.

What 'fair selection' looks like

Under ERA 1996 s.98 a redundancy dismissal is fair only if the employer acted reasonably in treating redundancy as a sufficient reason. In practice tribunals look at: was the pool properly defined; were the criteria objective and measurable; were they applied consistently; was the scoring evidenced; was there meaningful consultation; was suitable alternative employment considered.

Common challenge grounds

Pool too narrow: the employer drew the pool to capture just you when equivalent work was done by a wider team.
Subjective criteria: "attitude" or "team fit" without an objective scoring matrix.
Inconsistent scoring: your scores cannot be evidenced against the documented criteria.
Discriminatory effect: criteria that correlate with a protected characteristic (age, sex, disability, race) under the Equality Act 2010.
Failure to consult: consultation was nominal, with no real opportunity to influence selection.

Process: appeal first, then tribunal

Raise it in the internal appeal first. Most employers offer one. The Acas Code on disciplinary and grievance procedures applies in practice if not in strict law to redundancy. ACAS guidance: selection for redundancy. If the appeal fails, claim unfair dismissal within the time limit in ERA 1996 s.111(2): 6 months less one day where employment ended on or after 1 October 2026, 3 months less one day before. Discrimination claims (no qualifying period) run alongside.