Redundancy Compliance Decision Tree

A one-page visual decision tree that takes a proposal through the statutory triggers: is it a redundancy, which consultation route applies, and what must be…

A one-page visual decision tree that takes a proposal through the statutory triggers: is it a redundancy, which consultation route applies, and what must be notified.

When to use it

At the point of proposal, and again whenever numbers, timing or scope change — each change can move you into a different route.

Is it a redundancy, and which consultation route applies?

Most redundancy disputes start with a question that was answered too quickly at the beginning: is this actually a redundancy, and which consultation duties does it trigger? This one-page decision tree walks a proposal through the statutory tests so the answer is recorded, dated and defensible.

The tests it works through

First, whether the situation meets the statutory definition — a business closing, a workplace closing, or a reduced requirement for employees to do work of a particular kind. Changes to terms, restructures that reshuffle duties without reducing headcount, and role redesigns often sit outside that definition and need a different legal route.

Then, the consultation threshold. Twenty or more proposed dismissals at one establishment within 90 days brings collective consultation duties and notification to the Secretary of State; below that, individual consultation still applies and must still be meaningful. The rolling 90-day count catches employers who split a programme into waves without realising the waves aggregate.

Protected groups and priority rights

The tree also flags where extra care is needed: employees on maternity, adoption or shared parental leave with priority rights to suitable alternative vacancies, people on long-term sickness or disability-related absence, and anyone whose scores could be affected by absence or part-time working. These are the points where a well-run process most often slips.

Ten checkpoints before the first dismissal

The final section lists the evidence you should be able to produce before anyone is dismissed: the pool rationale, the criteria consulted on, the moderation record, the redeployment search, and the appeal offer. Pair it with the Selection Pool Definition Worksheet and the Scoring Moderation and Equality Impact Check.

Rerun the tree whenever numbers, scope or timing change. This template is a practical aid for managing redundancy well; it is not legal advice, and decisions carrying real risk should be checked with your adviser. The wider legal context is set out in our restructuring guides.