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29th July 2025

Compulsory redundancy: everything you need to know

Compulsory redundancy: everything you need to know

It’s a fact that sometimes, even the most robust companies face challenging decisions to ensure their long-term survival. This includes the difficult decision of implementing compulsory redundancies. This is rarely a simple business choice, as it involves not only financial implications but also significant human impact. The act of letting go of valuable talent can create skills gaps, just when a business might need to pivot or recover. Furthermore, redundancy payments can accumulate rapidly, and the wider impact on staff morale, engagement and employer brand can be challenging to repair.

For HR professionals, the task often falls to them to find solutions that preserve headcount where possible while simultaneously delivering the necessary cost savings. By thinking creatively and engaging early with employees, HR can often find workable solutions that protect both people and the business.

Before any business considers the drastic step of compulsory redundancies, it’s imperative to exhaust all other avenues. Here are some of the practical alternatives that businesses should explore:

  1. Voluntary redundancy schemes

One of the most effective ways to mitigate the impact of redundancies is to invite employees to step forward voluntarily. This approach can significantly soften the blow of workforce reductions by giving individuals more control over their exit. It empowers employees to make a proactive choice that aligns with their personal circumstances, whether they are considering a career change or retirement.

Businesses must clearly communicate the terms of the voluntary redundancy scheme. This includes details of the redundancy package, eligibility criteria, the application process and deadlines. Transparency is key to building trust and ensuring employees understand what is on offer.

To incentivise employees to volunteer, the redundancy package needs to be attractive. This might include enhanced statutory redundancy pay, payment in lieu of notice, outplacement support or continued benefits for a specified period. The financial incentive needs to be compelling to encourage enough volunteers.

The communication should explicitly state that applications will be reviewed against business needs, and the company reserves the right to decline applications where their departure would significantly jeopardise the business.

For this reason, as an employer, you need to ensure the selection process for voluntary redundancies is fair, transparent and non-discriminatory, with all decisions being clearly documented with the rationale behind them.

  1. Changes to terms and conditions

Another strategy to avoid compulsory redundancy is to consider amending employees’ hours, pay, or duties by agreement. This can be a sensitive area, as any change to an employment contract requires employee consent.

You need to initiate open and honest discussions with employees about the financial challenges facing the business and the proposed changes to their terms and conditions. You will have to seek genuine agreement from employees. This might involve negotiating revised salaries, reduced working hours or a change in responsibilities. The agreement should be documented and signed by both parties.

Consider implementing temporary changes rather than permanent ones. For example, a temporary pay cut for a fixed period or a temporary reduction in working hours, with a clear review date.

  1. Unpaid sabbaticals or career breaks

In areas where there is a temporary reduction in demand, offering short-term unpaid leave, such as sabbaticals or career breaks, can provide valuable breathing space without leading to permanent job losses. This approach allows the business to reduce its immediate wage bill while retaining talent for when demand picks up again.

These schemes should be offered on a voluntary basis. Define clear terms and conditions for the sabbatical, including its duration, whether benefits will be maintained and the employee’s right to return to their original or a similar role.

Frame the offer as a positive opportunity for employees to pursue personal development, travel, or other life goals, or simply to take a much-needed break. This can make the offer more attractive.

If necessary, plan for a phased return to work to help employees reintegrate smoothly.

  1. Job sharing or reduced hours

Offering part-time working arrangements or encouraging job shares can be an effective way to achieve cost savings while simultaneously retaining talent and offering increased flexibility to employees. These options often appeal to employees seeking a better work-life balance, for example, parents, carers, or those approaching retirement.

To implement these alternatives to compulsory redundancy, you must first identify roles where job sharing or reduced hours are feasible without significantly impacting productivity or service delivery.

It is important to gauge employee interest in these options. Some employees may be keen to reduce their hours for personal reasons, making this a mutually beneficial arrangement.

If you are following the job share route, make sure that there is a fair allocation of work. Ensure a clear division of duties and responsibilities between the two individuals to maintain efficiency. You will need to adjust pay and benefits pro-rate for reduced hours, in line with legal requirements.

  1. Freeze recruitment and reduce use of contractors

Sometimes, significant cost savings can be achieved without directly affecting current staff. A strategic approach involves pausing new hiring and critically evaluating the use of contractors and temporary staff.

To implement an immediate non-essential recruitment freeze, this will mean no permanent hires unless critical to business continuity or growth in a new, vital area.

If you use contractors, you should conduct a thorough review of all existing agreements and assess whether the work being performed by contractors cannot be absorbed by existing staff through upskilling or reallocation of duties.

You should conduct cost-benefit analysis and compare the cost of using contractors versus the long-term benefits of retaining permanent staff.

Always ensure full compliance with IR35 regulations when engaging contractors, as non-compliance can lead to significant penalties.

Close-up of someone signing paperwork on a glass table.

When compulsory redundancy becomes unavoidable

Despite all best efforts, there are times when compulsory redundancy becomes an unavoidable necessity for the survival of a business. When this difficult decision is made, it is paramount that businesses handle the process with the utmost care, sensitivity, and strict adherence to legal requirements.

Making compulsory redundancies is a highly complex and emotionally charged process that carries significant legal risks if not managed correctly. Employers must navigate a minefield of regulations, including:

  • Calculating and paying statutory redundancy pay correctly based on an employee’s age, length of service and weekly pay. 
  • Establishing objective and non-discriminatory selection criteria for redundancy (for example, skills, experience, performance, disciplinary records and attendance). Subjective criteria can lead to unfair dismissal claims. 
  • Conducting a fair and meaningful consultation with employees about the proposed redundancies.  
  • If 20 or more employees are proposed to be made redundant at one establishment within a 90-day period, collective consultation obligations are triggered, requiring consultation with trade unions or elected employee representatives for a minimum period. Failure to comply can lead to a protective award of up to 90 days’ gross pay per employee.  
  • Exploring and offering suitable alternative employment within the business where available. 
  • Providing employees with the right to appeal the decision. 
  • Ensuring correct notice periods are given, or payment in lieu of notice is made.

It is important to be particularly mindful of employees on maternity leave, shared parental leave, or those with protected characteristics under the Equality Act 2010, as they may have enhanced protection against redundancy.

The complexities of these requirements, coupled with the emotional toll on all involved, can be overwhelming for internal HR teams, especially in SME businesses without dedicated legal or redundancy specialists.

How Sapphire HR can help

Our team specialises in providing comprehensive outsourced HR support for businesses across the UK, particularly during challenging periods such as compulsory redundancy. Our expertise ensures that you can protect both your staff and your overall operational integrity.

We can support you in the following ways:

  1. Strategic planning and advice

We can work with your leadership team to develop a clear, legally compliant redundancy strategy. This includes advising on the business case for redundancy, identifying potential risks, and outlining the entire process from start to finish. We help you understand the legal landscape and navigate the intricacies of employment law.

  1. Fair selection and consultation process

We assist in developing objective and fair selection criteria, ensuring they are defensible against potential claims. We can guide you through the individual and collective consultation processes, drafting all necessary communications, consultation documents and meeting scripts. Our experts can even facilitate consultation meetings, ensuring they are meaningful and compliant.

  1. Compliance and documentation

The paperwork involved in redundancies can be vast and complex. We can ensure all documentation is legally sound, including redundancy notices, settlement agreements, and calculations of redundancy pay. We help you maintain meticulous records, which are crucial if any disputes arise.

  1. Employee support and communication

Handling redundancies with empathy is vital. We can advise on best practices for communicating difficult news to employees, providing managers with training on how to conduct sensitive conversations. We can also assist in arranging outplacement support for affected employees, helping them transition more smoothly.

  1. Risk mitigation and dispute resolution

Our proactive approach identifies potential legal risks early, allowing for mitigation strategies to be put in place. Should a dispute arise, our experienced team can provide support in managing grievances, appeals, and, if necessary, defending tribunal claims, working closely with your legal counsel. Our goal is to minimise the financial and reputational impact of any legal challenges.

Compulsory redundancy is a significant undertaking for any business. While exploring creative alternatives should always be the first port of call, when these difficult decisions are unavoidable, we are on hand to provide the knowledge, experience and practical guidance needed to navigate the process with care, compliance and strategic foresight. Get in touch today for tailored HR advice and guidance.

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