Alex is Sprintlaw’s co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
- What Is A Redundancy Policy (And Why Should A Small Business Have One)?
- When Can You Legally Make Someone Redundant In The UK?
What Should A Redundancy Policy Template Include?
- 1) Purpose And Scope
- 2) Key Definitions (So Everyone Is On The Same Page)
- 3) Step-By-Step Redundancy Process
- 4) Consultation: What You Will Do (And Why It Matters)
- 5) Selection Pools And Selection Criteria
- 6) Alternatives To Redundancy (And How You’ll Consider Them)
- 7) Suitable Alternative Employment And Trial Periods
- 8) Notice, Redundancy Pay, And Final Payments
- 9) Appeals Process
- 10) Confidentiality And Data Protection
- Key Takeaways
When your small business hits a rough patch (or you’re restructuring for growth), redundancy can feel like one of the hardest HR issues to handle.
It’s not just the emotional and operational impact. There’s also a big legal risk if the process isn’t fair, consistent, and properly documented.
That’s where a redundancy policy template can help. A well-drafted redundancy policy gives you a repeatable process you can follow, communicate to your team, and rely on if your decisions are challenged later.
Below, we’ll break down what your redundancy policy should include, how to use it in a way that aligns with UK employment law, and the common mistakes that trip up small business employers.
This article is for general information only and isn’t legal advice. Redundancy situations can be fact-specific, so consider getting tailored advice before taking action.
What Is A Redundancy Policy (And Why Should A Small Business Have One)?
A redundancy policy is a written document that explains how you will run a redundancy process in your business. It sets expectations for you and your staff, and it helps prove you’ve acted fairly and consistently.
For small businesses, the big benefit is practicality: when redundancies come up, you don’t want to be figuring out the process from scratch under pressure.
A good redundancy policy template can help you:
- Stay consistent across teams, locations, and managers
- Reduce legal risk by building in a fair process (consultation, selection criteria, appeals)
- Communicate clearly with employees about what’s going to happen and when
- Keep proper records (which often matters if there’s a dispute)
It’s also worth remembering: redundancy is a potentially fair reason for dismissal in the UK, but only if you follow a fair process. Even with a genuine redundancy situation, a poor process can still lead to claims (including unfair dismissal and discrimination).
If you’re already thinking about contractual rights (like notice periods and termination provisions), it may also be a good time to review your Employment Contract terms to make sure everything lines up.
When Can You Legally Make Someone Redundant In The UK?
Before you use any redundancy policy template, you need to be clear on whether this is actually a redundancy situation.
In simple terms, redundancy usually applies where you no longer need an employee’s role because:
- your business is closing (or part of it is closing);
- you’re closing a workplace location; or
- you have a reduced need for employees to carry out work of a particular kind (for example, a drop in sales means you no longer need two administrators).
Redundancy should not be used as a shortcut for performance issues or conduct issues. If the real reason is performance, you generally need a capability/performance process instead.
Also watch out for “hidden” legal risks. For example, if redundancy selection disproportionately affects people with certain protected characteristics (age, sex, disability, pregnancy/maternity, etc.), you could face discrimination claims under the Equality Act 2010.
And if you’re buying or selling a business (or outsourcing/insourcing work), redundancy may overlap with TUPE protections. In those situations, it’s worth checking your approach against a TUPE transfer checklist before making decisions.
What Should A Redundancy Policy Template Include?
A redundancy policy template should be more than a “nice to have”. It should spell out your process step-by-step, in plain English, and it should match how your business actually operates.
Here are the core sections we usually recommend including.
1) Purpose And Scope
Start by explaining:
- why the policy exists (to ensure a fair and lawful redundancy process);
- who it applies to (employees, and whether it covers workers/contractors); and
- who is responsible for running the process (e.g. directors, HR, managers).
This section helps avoid confusion later, especially in small businesses where people wear multiple hats.
2) Key Definitions (So Everyone Is On The Same Page)
Include short definitions for terms you’ll use throughout the policy, such as:
- Redundancy
- At-risk (the point where you’re proposing redundancies)
- Selection pool (the group from which redundancies may be made)
- Suitable alternative employment
Keeping this simple is fine. The goal is clarity, not legal jargon.
3) Step-By-Step Redundancy Process
This is the heart of your redundancy policy template. Most small businesses benefit from a clear flow like this:
- Identify the business reason (and document it)
- Consider alternatives to redundancy
- Define the selection pool
- Consult with affected employees
- Apply fair selection criteria
- Confirm outcomes (including notice and redundancy pay)
- Offer a right of appeal
If you want your policy to feel “real” (not generic), add timelines or typical timeframes, while keeping some flexibility for different scenarios.
4) Consultation: What You Will Do (And Why It Matters)
Consultation is one of the most important legal and practical steps.
Your policy should explain:
- that you will meet with employees who are at risk;
- that consultation is meaningful (i.e. you’ll genuinely consider feedback and alternatives);
- that employees can ask questions and propose solutions; and
- how many meetings you typically expect to hold.
In some cases, consultation becomes a formal “collective consultation” process. As a guide, if you propose making 20 or more employees redundant at one establishment within 90 days, collective consultation obligations are likely to apply (including minimum consultation periods and notifying the Secretary of State using form HR1). The rules can be technical, so it’s worth understanding the minimum requirements and timeframes for redundancy consultation periods.
Your policy doesn’t need to be a textbook, but it should show that consultation is not a box-ticking exercise.
5) Selection Pools And Selection Criteria
A strong redundancy policy template explains how you’ll decide:
- the pool (who is “in scope” for redundancy); and
- the criteria (how you’ll decide who is selected).
Selection criteria should be as objective as possible and consistently applied. Common examples include:
- skills and qualifications relevant to the future needs of the business;
- performance records (based on evidence, not opinion);
- disciplinary record (careful here-ensure fairness and context);
- attendance record (with caution: disability-related absence can create discrimination risk);
- experience and versatility.
Many businesses use a scoring system to support consistent decisions. If you do, your policy can reference the use of a scoring approach and how it will be applied fairly. (If you need a practical framework, using a redundancy scoring matrix is often a sensible starting point.)
A key warning: avoid criteria that are discriminatory in practice (even if they seem neutral on the surface). This is one of the biggest “hidden” risks for small businesses.
6) Alternatives To Redundancy (And How You’ll Consider Them)
It’s good practice (and often expected) that you consider alternatives to redundancy. Your policy can include a short list of options you’ll explore, such as:
- reduced hours or temporary lay-off (where lawful and agreed);
- recruitment freezes;
- ending temporary or fixed-term arrangements first (where appropriate);
- retraining for a different role;
- redeployment into a vacancy;
- voluntary redundancy (with clear rules to avoid discrimination and inconsistency).
This section helps show you approached the situation reasonably, rather than jumping straight to dismissals.
7) Suitable Alternative Employment And Trial Periods
Your redundancy policy template should explain how you will handle redeployment and alternative roles, including:
- how vacancies will be identified and offered;
- how employees can express interest;
- how you’ll decide what is “suitable”; and
- trial periods (where relevant).
Where an employee is offered suitable alternative employment, there is typically a statutory 4-week trial period in the new role (starting when the new contract begins). In some cases, the trial period can be extended by agreement to allow for retraining. If the trial doesn’t work out, the employee may still be treated as redundant in certain circumstances, so it’s worth documenting offers, trial terms, and outcomes clearly.
This doesn’t need to be overly complex, but it should be clear and consistent.
8) Notice, Redundancy Pay, And Final Payments
This is the part employees will understandably focus on, so your policy should be accurate and easy to follow.
Consider including:
- how you will calculate statutory notice and whether contractual notice is higher;
- how you will apply statutory redundancy pay eligibility and calculations (based on age, weekly pay caps, and years of service);
- whether you offer enhanced redundancy pay (and if so, on what terms);
- what happens with accrued holiday pay and other final entitlements;
- when final payments are typically made.
If you want your policy to link back to the underlying “rules of the road”, it can be useful to align it with your approach on statutory notice pay and your internal payroll processes.
Be careful about promising things in the policy that you don’t actually intend to provide. A policy can sometimes become evidence of “custom and practice” in a business, so consistency matters.
9) Appeals Process
Offering an appeal isn’t just good practice- it can be an important part of showing procedural fairness.
Your policy can cover:
- how an employee can appeal (in writing, within a set timeframe);
- who will hear the appeal (ideally someone not previously involved);
- what outcomes are possible (uphold, partially uphold, overturn);
- whether the appeal decision is final.
10) Confidentiality And Data Protection
Redundancy processes involve sensitive information: performance notes, scoring sheets, medical/absence information, and sometimes restructuring plans.
Your policy should commit to keeping information confidential and handling personal data appropriately under the UK GDPR and the Data Protection Act 2018 (for example, limiting access, storing documents securely, and keeping records only as long as necessary).
How Do You Use A Redundancy Policy Template Legally (Without Turning It Into A Risk)?
Having a redundancy policy template is helpful, but it doesn’t magically make the process fair. The policy needs to be used properly, and adapted to the real-life situation.
Here are some practical ways to use your redundancy policy legally and reduce risk.
Use The Policy As A Process Checklist (Not A Script)
You want managers to follow consistent steps, but you also need room for judgment depending on the role, the business needs, and employee circumstances.
If your policy is too rigid, you may end up “following the template” while missing the point of consultation or fairness.
Document The Reason For Redundancy Early
From day one, document the underlying business rationale (restructure, reduced demand, closure, etc.) and keep supporting records.
This can matter later if an employee challenges whether redundancy was genuine.
Apply Selection Criteria Consistently
Consistency is where many small businesses slip up (often unintentionally).
Make sure:
- the same criteria apply across the selection pool;
- scores are supported by evidence (not gut feel); and
- you sanity-check whether outcomes might create discrimination risk.
Run Consultation Meetings Properly
In consultation, you should be prepared to discuss:
- the proposed changes and why they’re needed;
- the proposed selection pool and criteria;
- alternative options (including alternatives suggested by the employee);
- available roles and redeployment.
Even if the business decision feels “locked in”, the consultation still needs to be meaningful. Treat it as a genuine problem-solving step.
Make Sure The Policy Matches Your Other Documents
Your redundancy policy should not contradict:
- employment contracts (notice, benefits, location clauses);
- any staff handbook policies; or
- collective agreements (if applicable).
This is one reason “downloaded” templates can be risky: they often don’t match your business terms or your actual process.
Get Advice For Edge Cases
Some situations need extra care, such as:
- redundancy during pregnancy/maternity leave;
- disability-related absence affecting scoring;
- employees on long-term sick leave;
- potential TUPE transfers;
- high-performing employees selected due to subjective criteria.
If any of these apply, it’s worth getting tailored redundancy advice before you finalise decisions.
Common Mistakes With Redundancy Policy Templates (And How To Avoid Them)
Redundancy is one of those areas where small process errors can become big problems later.
Here are some common issues we see when businesses rely on a redundancy policy template without tailoring it.
1) Confusing Redundancy With Performance Management
If the real issue is performance, redundancy is not the “easy option”. Employees can challenge this, and a tribunal may find the dismissal unfair.
If you need a performance pathway, you’re usually looking at capability management rather than redundancy.
2) Picking The “Obvious” Person First, Then Designing The Process Around Them
This is a classic risk: a business decides who they want to remove, and the redundancy process becomes reverse-engineered.
A fair redundancy process should start with the business need and the role impact, then selection should follow from a reasonable pool and criteria.
3) Using Vague Criteria Like “Attitude” Or “Culture Fit”
These types of criteria are hard to prove and easy to challenge. They can also mask unconscious bias, increasing discrimination risk.
If you need behavioural criteria, it should be evidence-based and applied consistently.
4) Not Offering Suitable Alternative Roles
If you have vacancies (even in different departments), you should consider whether they are suitable alternatives for at-risk employees.
A policy should prompt you to check, document, and communicate alternatives.
5) Promising Enhanced Payments Without Thinking It Through
Some templates include enhanced redundancy pay clauses as standard. If you include this in your policy, you need to be sure:
- you can afford it;
- you apply it consistently; and
- it doesn’t conflict with contracts or past practice.
Key Takeaways
- A well-drafted redundancy policy template helps small businesses run redundancies consistently, fairly, and with a clearer audit trail.
- Your redundancy policy should cover consultation, selection pools, objective selection criteria, alternatives to redundancy, redeployment, notice, redundancy pay, and appeals.
- Having a genuine redundancy reason isn’t enough on its own - your process still needs to be fair to reduce the risk of unfair dismissal and discrimination claims.
- Be careful with generic templates: your redundancy policy should align with your employment contracts, payroll approach, and how your business actually operates.
- Edge cases (like maternity, disability-related absence, TUPE situations, or long-term sick leave) often need tailored legal advice before decisions are finalised.
If you’d like help reviewing or drafting a redundancy policy (or running a redundancy process in a way that protects your business), you can reach us at 08081347754 or team@sprintlaw.co.uk for a free, no-obligations chat.
Business legal next step
When should you get employment help?
Employment topics can become risky quickly when documentation, consultation, termination or contractor status is involved.








