The top 10 mistakes employers make when handling a redundancy

No one likes to make redundancies. However; handling a redundancy fairly and sensitively can prepare an employee to face the job market and to leave the workplace with dignity. This, in turn, reduces the risk of successful tribunal claims and/or reputational damage for the employer.

Below, we continue our series of blogs by discussing the top 10 mistakes employers make when handling a redundancy.

Not “applying their mind” to the selection pool

In situations where an employer is selecting employees for redundancy, an employer needs to consider the pool of employees for selection. Normally, employees who are carrying out the “same or similar” work are pooled together. An employer should also consider whether it is appropriate to pool employees whose roles are “interchangeable”.

Ultimately, employers have a wide discretion and need only show that they have “applied their mind” to the question and not acted unreasonably. A wider pool enables the employer to select the poorest performers across more areas of the business, but a narrower pool limits the employees affected and enables the rest of the employees to get on with their job without the fear of being made redundant.

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This information is intended as a general discussion surrounding the topics covered and is for guidance purposes only. It does not constitute legal advice and should not be regarded as a substitute for taking legal advice. DWF is not responsible for any activity undertaken based on this information.


Employment law moves at a fast pace. Keeping up to date with changes and developments is a challenge for every HR professional, helps you keep ahead of the game, plan for change and provides tools for solving those workplace dilemmas.


Andrew Chamberlain

Partner - Head of Employment & Chair of the SDE

I am a Partner, the National Head of the Employment Team and the Chair of the Service Delivery Executive (SDE), which is focused on building better solutions for clients.