Redundancy is never easy, especially in a small business where everyone knows each other. Even when you’ve followed a fair process, an employee may dispute their dismissal, and one of the most common objections is:
“You say my job has gone, but the work is still there.”
This can be a tricky situation for an employer. Here’s a practical, step-by-step look at what to do if it happens.
Understanding the employee’s perspective
From the employee’s point of view, redundancy means their role is disappearing. If they have been very busy, or see colleagues picking up the same tasks, a new hire coming in, or a similar job advertised, they may believe the redundancy is not genuine.
Under UK law, redundancy occurs when:
- The business or workplace closes, or
- The need for employees to do work of a particular kind has ceased or diminished.
So it’s not just about whether some of the tasks still exist; it’s about whether the role itself is needed to the same extent. For example, you might still need someone to do admin tasks but no longer require a full-time administrator.
Step 1: Review your business case
Before responding to the employee, revisit your own reasoning. Ask yourself:
- Have we genuinely reduced the requirement for this kind of work?
- Are we redistributing tasks among existing staff in a way that significantly changes their jobs?
- Have we created a new role that is essentially the same as the redundant one?
If the answer to the last question is yes, the redundancy may not be genuine. It’s better to pause and reassess than risk an unfair dismissal claim.
Step 2: Check your documentation
When you planned the redundancy, you should have recorded:
- The business rationale (why the role is no longer needed),
- The selection pool and criteria, and
- Notes of consultation meetings.
Review these documents to ensure they clearly show how and why the decision was made. Good paperwork is your best defence if challenged.
Step 3: Meet with the employee
Arrange a meeting with the employee to discuss their concerns. Keep it calm and constructive. In the meeting:
- Explain your reasoning again in plain language,
- Show evidence of the reduced need for the role, and
- Clarify how tasks are being absorbed elsewhere (if applicable).
Listening is key. Ask the employee to explain why they believe the work is still there. They may have spotted an issue you hadn’t considered, such as a planned recruitment ad or workload spikes in another department.
Step 4: Consider suitable alternative employment
If the employee is correct that work remains – even if it’s reorganised – you may need to offer them suitable alternative employment rather than proceed with redundancy.
This could include:
- Moving into a similar role at reduced hours,
- Taking on a different role for which they’re qualified, or
- A trial period in a new position (they’re entitled to a four-week trial without losing redundancy rights).
Offering alternatives, even if they’re not perfect, shows you’re acting fairly and can help avoid disputes.
Step 5: Allow an appeal
It’s good practice to offer an appeal against redundancy decisions. This gives the employee a formal route to challenge the process and allows you to review it internally before any claim is made.
Make sure someone not directly involved in the original decision hears the appeal if possible. Provide a written outcome explaining your decision.
Preventing disputes in the first place
Many disputes arise because employees don’t fully understand why redundancies are happening or how decisions were made. You can reduce the risk by:
- Consulting openly before decisions are final,
- Clearly explaining the difference between tasks still needing to be done and the need for a role,
- Keeping thorough written records, and
- Offering alternative roles where possible.
Transparency is your friend. Even if the outcome is the same, employees who feel listened to are less likely to challenge it.
Key takeaways
- Redundancy must be genuine – the role (not just the tasks) must have disappeared or diminished.
- Review your case – double-check your reasoning and documentation if challenged.
- Meet with the employee – listen to their concerns and explain your rationale.
- Offer alternatives and appeals – these are good practice and demonstrate fairness.
Final thoughts
An employee disputing their redundancy because they believe the work still exists is a sign that you need to communicate – and perhaps reconsider – your decision. By reviewing your business case, meeting with the employee, and following a fair process, you can often resolve misunderstandings without conflict.
Handled well, these conversations can protect your business from legal risk and show your team that, even in difficult times, you act with integrity and respect.
If you would like further advice on disputes surrounding redundancy, do get in touch.