Employers should consult staff while redundancy proposals can still be influenced, rather than present a completed decision as a consultation, according to Lloyd Clarke, Partner and Head of Employment Law at Attwells Solicitors.
His guidance comes against a backdrop of redundancy concerns. In a YouGov poll commissioned by Acas, 33% of British employers said they were likely to make redundancies between February 2026 and January 2027. This was a survey of intentions, not a count of confirmed job losses.
The research covered 1,011 senior decision-makers in Great Britain, with fieldwork from 2 to 9 February 2026. Acas published the findings in June.
Make consultation meaningful
Clarke says employees should understand why their role is at risk, how selection works and what alternatives can be considered. A process should allow them to ask questions and put forward suggestions before the outcome is settled.
“For consultation to be genuine and meaningful, it must take place at a formative stage when an employee can still potentially influence the outcome”
Lloyd Clarke, Partner and Head of Employment Law, Attwells Solicitors
Consider alternative work
The suitability of another role depends on its duties, terms, pay, hours, location and the employee’s circumstances. Employees offered alternative employment have a four-week trial period, which can be extended by written agreement where training is needed. Unreasonably refusing suitable alternative work may affect entitlement to statutory redundancy pay.
GOV.UK explains alternative employment and trial periods, including additional protections connected with parental leave.
Check notice and final pay
Statutory notice is at least one week for employees with between one month and two years’ service. It rises to one week per complete year between two and 12 years, with a statutory maximum of 12 weeks. Contracts may provide more.
Statutory redundancy pay normally requires at least two years’ continuous employment. Employees should check their contract, any enhanced scheme and the breakdown of final pay. See the government’s guidance on notice periods and redundancy pay.
Keep records and raise concerns promptly
Clarke recommends keeping letters, emails and other documents, checking the reasons for selection and raising concerns during consultation. Employees who believe the process is unfair should seek timely advice from Acas, their union, Citizens Advice or a solicitor, as claim deadlines can be strict.
For HR teams, the practical priority is to make sure managers can explain decisions, consider alternatives and keep an accurate record of what employees have raised.
Image: editorial illustration created for Onrec.
