Question 1

What is the difference between redundancy and dismissal?

Accepted Answer

**Redundancy** is a dismissal for a specific reason: the **job** is no longer needed. **Dismissal** generally refers to termination for a reason relating to **you** — conduct, capability, or another substantial reason.

The distinction matters because the consequences differ sharply.

**Redundancy** arises in defined circumstances under UK law: the business closes, the workplace closes, or the requirement for employees to do work of a particular kind has diminished or ceased. The critical point is that **the role is removed, not the person**. If an employer makes someone redundant and then recruits for the same job, it was not a redundancy.

**What redundancy entitles you to:**

**Statutory redundancy pay** after two years' service, calculated from age, length of service and weekly pay up to a statutory cap. Many contracts offer enhanced terms.

**A fair process**, including meaningful consultation, objective and non-discriminatory selection criteria, and consideration of suitable alternative employment.

**Collective consultation** obligations if 20 or more roles are at risk at one establishment within 90 days.

**Notice pay**, and time off to look for work.

**Dismissal for conduct or capability** entitles you to notice (unless gross misconduct) but **not** redundancy pay, and requires a different fair process — investigation, a hearing, the right to be accompanied, and a right of appeal.

**Unfair dismissal** is the claim available if the reason was not one of the potentially fair reasons, or the process was inadequate. It currently requires two years' service.

**Automatically unfair reasons** need no qualifying period — pregnancy, trade union activity, whistleblowing, asserting a statutory right.

**Constructive dismissal** is when you resign because of a fundamental breach by the employer, and is treated as a dismissal.

**Watch for sham redundancies** used to remove an individual. General information on Great Britain only.

Question 2

How is redundancy selection actually carried out?

Accepted Answer

Through a defined process — identifying a pool, applying objective criteria, scoring individuals, and consulting — and the fairness of each step is exactly what a tribunal examines if the dismissal

Question 3

What happens at a redundancy consultation?

Accepted Answer

A process an employer must follow before dismissing for redundancy — and consultation must be genuine and happen while proposals are still capable of being influenced, which is the requirement most

Question 4

How is statutory redundancy pay calculated?

Accepted Answer

By a formula combining age, length of service and weekly pay — and the figure is frequently much lower than people expect, because each of the three inputs is capped or weighted. Who qualifies.

Question 5

What is the difference between an employee, a worker and self-employed?

Accepted Answer

In UK law these are three distinct employment statuses with sharply different rights, and what your contract calls you does not decide it — a tribunal looks at the reality of the arrangement.

Question 6

What is TUPE and what happens when your employer is taken over?

Accepted Answer

TUPE — the Transfer of Undertakings (Protection of Employment) Regulations — protects employees when the business they work for changes hands. Its central effect is that your employment transfers

Question 7

What happens if your employer goes insolvent and you are owed money?

Accepted Answer

You become a creditor — and the practical answer is that some of what you are owed is payable by a government scheme rather than depending on whether there is money left in the business, which is the

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