Did you know that as a disabled worker, you have the right to request changes at work that help you do your job? It’s the law!

What are reasonable adjustments?

Reasonable adjustments are changes an employer makes to remove or reduce a disadvantage related to someone’s disability. For example:

• finding a different way to do something
• making changes to the workplace
• changing someone’s working arrangements
• providing equipment, services or support

A disability is any long-term condition (i.e. one that lasts 12 months or more) which adversely affects someone’s ability to carry out day-to-day activities.

This can include neurodivergence and mental health conditions, so long as the above criteria are met.

Reasonable Adjustment vs Flexible Working Requests

Reasonable adjustments are not the same as a flexible working request. Anybody can make a flexible working request, regardless of disability status.

Key features of an approved flexible working request (i.e. a flexible working arrangement) are:

1. It will usually result in a permanent change to your contract (for example by fixing which days/hours you work); and
2. The employer has a statutory right to refuse the request.

For more on this, see our guide on it here.

In contrast, a reasonable adjustment is a measure that is agreed to help someone who has a disability to assist them perform at work.

Having a reasonable adjustment does not mean that your terms of employment change, but it is put in place for as long as necessary to allow you to work.

An employer’s failure to properly deal with a reasonable adjustment request could result in discrimination.

Who can ask for reasonable adjustments?

Whether you’re an employee, contractor, or just applying for a job; companies must make reasonable adjustments for disabled workers when requested.

What does “reasonable” mean? This depends on context.

A large company has more resources than a small one and would therefore have to do more.For example, a small specialised team may be less able to re-distribute workload than a large department.

What do reasonable adjustments look like in practice?

Whatever you need to make your work, work!

Here are some examples of Reasonable Adjustments our UTAW Reps helped members win:

Flexible 15-minute window for a neurodiverse member who experiences time blindness. Fixed length task assignments for a neurodiverse member who needed extra structure and planning in her job. Extra breaks for a member with IBS. Additional time to pray for many Muslim members specifically at Apple Stores. Increased time spent on seated assignments for a member with a bad back. Lower height desk for a short member with a bad ankle. Job interview questions ahead of time, for a neurodiverse member. Disciplinary questions ahead of time and/or in writing, for many neurodiverse members facing disciplinary proceedings.Longer toilet breaks for a member with stomach issues. Space to store a wheelchair for a member who uses a wheelchair.

How do I get a reasonable adjustment?

The first step is to first check your company’s policies.

We would suggest that you request a Reasonable Adjustment in writing using a template like this one: [https://www.equalityadvisoryservice.com/app/answers/detail/a_id/350]

It’s important that the changes help you manage your health and work while also being possible for your employer to implement: they’re practical, affordable, and won’t negatively impact colleagues.

Note: when dealing with employers, it’s important you get everything in writing. We recommend saving correspondence somewhere safe where you can access it off of company device so you have a record of what has been discussed.

If you are not sure what reasonable adjustment(s) you want, but you know that you need some help due to your disadvantage, you should request an occupational health assessment.

What will the employer do?

An employer’s response should be to seek advice on your request. This is usually done by asking for an occupational health (OH) assessment.

Larger companies may be able to undertake them in-house. Smaller companies are less likely to be able to do so, but they usually have a contract with a specialist provider.

The employer should not refuse to undertake an OH assessment. If it does, it could give rise to a legal claim. Please ensure that you retain all evidence of what happens – it is best to communicate in writing.

What if my employer isn’t convinced I need an adjustment?

As noted above, if your employer isn’t sure what adjustments are best or whether you need one, they can ask for medical advice, like an occupational health assessment or for more information from your doctor, with your consent.

IMPORTANT NOTE: Employers should consult with YOU on what questions to ask the occupational health practitioner. In practice, they rarely do this. You can ask for a copy of the referral letter. You can justify your request by saying that you want to make sure that the correct questions are being asked. You can also ask to see the report before it is sent to your employer.

What if my employer refuses (fails to make a reasonable adjustment)?

If your employer does not make a reasonable adjustment it could be disability discrimination.

Your employer should:

• Talk to you about their decision
• Explain the reasoning of their decision
• Your employer should find another way to support you, like making other adjustments

If you’re still not happy that your needs are being met, you can put in a formal complaint. This could be a grievance. At this stage though, we recommend you get in touch with UTAW and we’ll support you with what to do next.

Finally…

Share this article with someone who needs to know!

And if you work in tech and want to fight for a better workplace, join us and get organised.

UTAW Member Reasonable Adjustment Wins

And if you’re not convinced that being a UTAW member is worth it, here are some reasonable adjustments our reps won for members.

NOTE: this information has been anonymised to protect our members privacy.

The employer wanted to impose a Performance Improvement Plan (PIP) on our Member, mainly because they said he was not performing. The member’s response was that it was due to his ADHD. The pressure caused him to go off with ‘stress at work’. No formal procedures followed – i.e. they wanted to put him on a PIP without first telling him he was not performing at the right level.

We managed to get the employer to follow its processes (i.e. its own policies). This meant that the member was not put on a PIP, but went through an OH referral and got help.

DR

The member was looking to get reasonable adjustments in place to change shifts due to an anxiety disorder. They requested set shifts inline with what the doctor recommended. The employer denied.

We went through ACAS and then filed for an employment tribunal. A few days before the first tribunal date they offered a settlement. After negotiation we settled with both a set shift pattern, close to what the member wanted and a cash settlement of £3000. This was because the member had done nothing wrong and we were suing the company for compensation for the way the member had been treated.

MM

The member was struggling with anxiety and depression. Their employer wanted them in the office 2 days a week, they asked for it to just be 1. Their employer refused. We stepped in making clear that it was their right to have this reasonable adjustment. After a grievance and appeal our member can now work from home for 4 days a week.

DJ

The Member was subjected to a disciplinary. The Member argued with rep assistance that the behaviour arose from a disability and a lack of reasonable adjustments. It was argued that the manager had not been reviewing RAs regularly and a number of recommendations from an OH report from 2 years ago were never acknowledged or actioned. The company aborted the disciplinary process and instead embarked on a new OH assessment and undertook a review of reasonable adjustments, with the manager directly supported by HR in this process.

RS

Our member had a Flexible Working Request (FWR) in place (member was also likely to have protected characteristics - he has health conditions that could mean he is disabled).

The company was seeking to amend his working hours, which meant he effectively no longer had a FWR. The Member was unhappy with the new hours and no agreement was in sight after a few meetings. The employer did not want to lose him, as he was a good performer but wanted to impose the new terms/hours.

The Member was not willing to agree so it meant that we had to spell out that imposing the new terms would be dismissal and re-engagement and therefore a potential Employment Tribunal claim.

Following this, they agreed to find a pattern that suited everyone.

PS

The employer wanted to impose a (personal improvement plan) PIP without following occupational health (OH) recommendations.

We managed to get the employer to agree to reasonable adjustments before starting the PIP. This meant our members’ targets were lower under the PIP.

ZG

The employer wanted to make our Member ‘redundant’. I advised him that the process seems to be age discrimination. The Member did eventually leave under a Settlement Agreement but on improved terms: he was close to 3 years’ service so they agreed to give him 3 years’ redundancy payment as part of the settlement.

RS

Member was being disciplined for a breach of the drugs policy (he used and shared cannabis at work).

The member ought to have been sacked for this (certainly for sharing – although it was not selling).

The member had a medical prescription for cannabis.

We managed to get HR to, (1) not sack him; (2) get an OH assessment for what would help him (ADHD/ASD); (3) seek legal advice on a fair process to follow

All of this took a few months – this was my first case for UTAW. Up to now, we have gotten him 7 months extra pay.

The member was put at risk in September and has taken Voluntary Redundancy (to be finalised in March), so we will have got him a year’s pay + an enhanced redundancy package.

TP

The member was coming back to work following extended time off as sick leave. We managed to ensure she got a phased return and support in reintegrating.

So far, so good. Our member seems to be getting on well there.

SK

The member was being asked to leave for a combination of sickness absence and redundancy, both of which were questionable - in truth, the employer probably wanted someone that had different skills (Member was the social media manager) and no health issues (this was unsaid).

We asserted our member’s rights (redundancy and EA 2010) and got a settlement - (around 4 months’ pay in total), agreed reference, plus waiver of restrictive covenants.

GG

Transfer of Undertakings (Protection of Employment) Regulations (TUPE)

The TUPE regulations were introduced to protect your rights when you are forced into a situation where you must change employer.

There are two main types of TUPE transfers

1. Business transfers
2. Service provision changes

Business transfers are where your employer is moved from one to another indefinitely (the more technical wording is “as a going concern”), i.e. not temporarily. For example, if two companies merge.

Service provision changes cover changes to do with both outsourcing and insourcing:

• Where your role is contracted out to another employer e.g. all internal IT services are moved to an outsourced contractor.

• When your role is moved to another service provider e.g. the choice of outsourced contractor is changed.

• When your role is moved back in-house e.g. the internal IT services roles outsourced to your employer are brought back in-house).

There are several caveats on who and when the TUPE regulations apply

• Only applies to employees, not other types of workers,

• Only triggers when your employer’s legal identity changes,

• Applies across the public, private, and voluntary sector (intra-governmental transfers are covered by something separate, however, called COSOP, which we won’t be covering here),

• Applies no matter the number affected - even a single employee can be considered protected under this regulation,

• Can apply when the job is transferred outside of the UK and Europe/the EU,

• Applies to internal reorganisations, e.g. employees moving from one subsidiary to another under a group,

• The two-year service requirement is still required for unfair dismissal under TUPE.

When you transfer under TUPE, you retain your rights

All of your individual terms and conditions must remain the same. There are only 3 reasons that these can be changed during (and after) a TUPE transfer:

• You have agreed to the change

• The change is unrelated to the transfer

• There is a valid economic, technical, or organisational reason.

There are also specific things that an employer cannot do to avoid giving you these rights:

• Cannot enter contractual terms to opt out of TUPE regulations,

• Any contractual terms that breach TUPE are considered void,

• They cannot pick or choose who moves over - if it’s your role that’s moving, you are moving (if you don’t object, of course).

And for the few of us (for now!) that have collective agreements:

• Collective agreement rights are retained for 1 year after the transfer date. After which, these can be changed as long as the new terms are no less favourable when considered together.

• National/Sector collective agreement rights, such as negotiated pay rises, are not retained unless the new employer agrees to be bound by the agreement.

The only exception is that if you had an occupational pension, this specifically does not transfer.

Trade union recognition

Recognition agreements transfer automatically as long as the unit test that was originally satisfied during recognition is still met. The wording is specifically that the transferring group “maintains an identity distinct from the remainder of the transferee’s undertaking”. You can understand this simply as if the original unit test were being applied again, would it still stand up?

For example, if you transfer and join a team of others or are doing the same role in a different context, then it would not stand. If it were the same grouping as previously, then it would.

If the recognition wouldn’t transfer because of the above, you are back at step 1 of organising a union at work (but with way more experience than others, and way more likely to succeed!)

Objecting to a transfer

When you object to a transfer, your employment contract automatically ends, but you are not treated as being dismissed. You also lose the right to claim redundancy or unfair dismissal (as it was a voluntary action). The original employer can take you back on when you object, but this is considered entering a completely new contract, and you lose the rights to retain your previous terms and conditions of employment.

There is an exception in place where the transfer would cause substantial detriment, but this objection must be made before the transfer, as it is not possible to transfer under protest. In the case where this is true, you can consider yourself dismissed, and you can follow an unfair dismissal claim.

You should take your time and get as much advice as possible before objecting to a transfer. This type of claim is incredibly difficult and high-risk, and it’s likely that it will take a long time to get through the tribunal system in the meantime.

The definition of “employees” is different under TUPE

Usually, the definition of employees is pulled from the Employment Rights Act. In this case, TUPE expands this. The wording is quite technical:

“any individual who works for another person, whether under a contract of service or apprenticeship or otherwise, but excluding anyone who provides services under a contract for services.”

What you can take away from that is that agency workers, genuine freelancers, and genuinely self-employed are all excluded from TUPE. However, the wording of “or otherwise” allows us some wiggle room. If you think that wiggle room might apply or can help others get their rights guaranteed, make sure you bring this up when you’re working with organisers and reps supporting you!

Economic, Technical, or Organisational (ETO) reasons

The three types of reasons your new employer can have to vary your terms and conditions are:

Economic

This is to do with the financial state of the business, for example, if the business cannot keep operating due to the costs of maintaining your role, then they are able to vary your terms and conditions and include dismissal/redundancy, within your normal employment rights.

Technical

This is the nature of the work that the business does. For example, if a manual labour role was computerised/mechanised, then TUPE would not protect you from required terms and conditions changes or redundancies due to this.

Organisational

This is the structure of the business - for example, where the new location of work is broadly inaccessible to you/other TUPE’d employees, then dismissal or redundancies can occur outside of TUPE.

However, these definitions aren’t set in stone as they aren’t defined within the regulations. This means that they can, and will, change as case law develops!

So, you’ve been or are being TUPE’d, now what?

We have lots of members who have been through TUPE’s before, and have reps with experience in dealing with TUPE.

Here is some anecdotal advice from them:

“In my experience of being TUPE’d and now having spoken to quite a few other people that have been TUPE’d.. It seems like a lot of TUPE’s are followed by redundancies further down the line. This could purely be coincidental, but it’s a pattern I’ve noticed since working with people going through TUPE”.

“TUPE’s can be quite awkward and unsettling. When my company got TUPE’d, there was definitely some awkwardness between us and the new staff. No one knew anyone else, it was a total surprise/no one knew the TUPE was happening.. So there was a bit of wariness between old and new staff.

I really recommend trying to build some trust and solidarity with the other staff as soon as possible.

When we joined the other company, it turned out the employees there were unionising. Us being TUPE’d into the company ended up massively helping their campaign, because everyone could see the writing on the wall that things in the business were changing. We all joined their union en masse and through doing that became very pally with the original staff there.

I’m glad we did that, because later down the line the company tried to force us all into the office - and because we were getting unionised we were able to push back collectively and it worked. I think if we’d not gotten friendly with the staff as soon as we did, we would have been forced back to the office successfully.

The other reason I’m glad we did this is because there was definitely some resentment amongst the old staff about us joining. They hadn’t got pay rises in ages etc etc and suddenly the company was bringing us all in. The staff there understood that it wasn’t our fault.. But I think a divide could have happened if we hadn’t become friends with the staff there.”

“UTAW put on training for my company when we were going through TUPE which was helpful”

“Get organised - TUPEs are often a precursor to further changes, but even when they’re not, they often end up bringing people together by accident. It is a golden opportunity to educate people, bring them into the union, and prepare for whatever comes next.”

As always…

The only power we have as workers is in standing together. If you’re going through a TUPE, become a UTAW member and learn how to organise. We do free training on this. Organising your colleagues will prepare you for potential battles ahead, including retaining your TUPE rights long into the future.

Introduction

Despite lockdowns proving that we can work as productively from home as we can from the office, employers are increasingly imposing return-to-office (RTO) mandates.

This has the consequences of undermining workplace inclusivity and equity by disproportionately worsening the lives of new parents, caregivers, and disabled workers.

It also threatens the benefits people have enjoyed from remote work, such as less time spent commuting, lower travel costs, eating freshly prepared food at home and having more time to spend with friends and family.

We believe that you should have the right to work where you want! Our union, UTAW, has played its part securing that right for workers like you in workplaces like yours. Read this guide and join other tech workers in UTAW so that you can have the final say

Impact on New Parents

New parents often face heightened challenges balancing professional responsibilities with childcare. Remote work has provided flexibility, allowing parents to manage both roles more effectively.

Mandating a return to the office can disrupt this balance, leading to increased stress and reduced job satisfaction.

Such mandates disproportionately affect working parents, undoing progress that has been made in workplace equity.

Impact on Caregivers

Caregivers, particularly those attending to dependant family members, rely on flexible work arrangements to fulfil their caregiving duties.

Therefore, adherence to a rigid RTO policy could force caregivers to choose between their job and their caregiving responsibilities, leading to difficult decisions and potential workforce attrition.

Impact on Disabled Workers

Remote work has opened up employment opportunities for disabled people by removing barriers (both physical and logistical) associated with traditional office environments.

Analysis from the Economic Innovation Group found that remote jobs saw the largest increase in the share of employees with disabilities, suggesting that remote work can lead to job opportunities across fields. Forcing a return to the office threatens to reverse these gains.

Your Individual Rights

When employers try to impose changes, such as forced RTO, the best way to permanently prevent them is through collective responses. However, there are ways to push back on an individual level:

The starting point is to find out what your terms and conditions of employment are. This is usually found in your employment contract, as that is the document that sets out the agreement between you and the employer about the operation of the employment relationship.

You should retain copies of all employment documentation. It does not matter too much whether you retain a hard copy or an electronic copy, but you should try to have a copy of the documents that you signed (whether physically or digitally).

Please note that most employment contracts often have a clause in them that states the contractual document is the only place that states the terms of the agreement, and that any previous versions/iterations of the contract are not relevant to the present agreement (This is sometimes called an ‘entire agreement’ clause).

If your terms have changed, you should check whether the changes are in line with the contract (some contracts will specify that all changes must be agreed in writing, others will allow the employer to vary its terms without consultation so long as the changes are reasonable).

Some employers will send you a new contract, with all the current terms of employment consolidated into one document. Others will simply send correspondence with confirmation of the changed clause with all other terms remaining unaffected. It is useful to know what approach your employer uses.

Your written terms will contain the usual things such as job title, salary, annual leave allowance and number of hours to be worked. Other things about what is expected from employees should also be included, such as things like:

• Probationary periods;

• Notice periods;

• Workplace location (i.e. where you will be working);

• Explanation of which terms are incorporated into the contract and which are not (cf. company handbook, bonus scheme etc.);

• Specifics on circumstances when and how the agreement can be changed (usually found under the heading ‘Variation’);

All of these matters are important, as they will affect how the employer deals with any proposed changes to your terms and conditions.

For example, an employer that is permitted to make unilateral changes to an employee’s terms merely needs to tell the employee what those changes are and it does not necessarily need to seek agreement – although there may be a particular format for the changes to take place (e.g. notification in writing at least 30 days before the proposed change).

In contrast, an employer that is required to seek the employee’s agreement should be seeking confirmation that the proposed contractual change is agreed. Often, what employers do is to dress up the agreed contractual change as the employee’s acknowledgement of a change to his/her terms and conditions.

It is therefore important for employees to know what their contractual rights are so that they can properly engage with their employer(s) on an individual level.

Alternative to the Contractual Route

If an employee is not happy with the employer’s rule in relation to their working location, it would normally be necessary for that clause to be changed by way of a contractual variation. As noted above, this is usually done by agreeing the change.

However, there are two options that are not linked to the contract. They are flexible working and reasonable adjustments.

Flexible Working

Under the Working Time Regulations, employees are permitted to ask for permission to work flexibly (known as a ‘flexible working request’). There is a lot of guidance available in this area – please have a look at the links section at the end of this guide as a starting point.

The perceived weaknesses of this type of request are:

• It is only possible to make a maximum of two requests in a 12-month period; and

• There is no right to working flexibly and the employer can refuse the application on a ‘business ground’, of which there are eight.

Reasonable Adjustments

Employers have a duty to make reasonable adjustments for any employee that may have protected characteristics, especially if you can do your job remotely and working remote/hybrid is an effective way of managing that (those) protected characteristic(s).

There is already guidance on how this ought to be pursued – please have a look at the links section at the end of this guide.

Which Route?

It is important to note that it can be difficult to get employers to agree flexible working. This is because there are 8 reasons for refusal that are baked into legislation (see s.80G ERA 1996).

Those reasons for refusal are:

1. the burden of additional costs,
2. detrimental effect on ability to meet customer demand,
3. inability to re-organise work among existing staff,
4. inability to recruit additional staff,
5. detrimental impact on quality,
6. detrimental impact on performance,
7. insufficiency of work during the periods the employee proposes to work, and
8. planned structural changes

It is not necessary for the employer to provide a right to appeal this decision.

In contrast, it is more difficult for employers to refuse requests for reasonable adjustments, if the employee meets the relevant criteria. If the reasonable adjustment is for a disability, neurodivergence or chronic health issue, you may need to request or agree to an occupational health assessment. If you do, make sure to tell the clinician your needs as they will record it in the official occupational health report.

It is, though, important that employees carefully follow employers’ policies and procedures to pursue such requests. This will be the subject of a separate guide.

Overall

Whilst it is possible for individuals to oppose contractual changes on a personal level, without collective action, the employer has a stronger hand in imposing them.

The Collective Approach

The work we do supporting our members means we have first-hand experience of the negative impact of RTO mandates.

We believe that forcing employees to return to office against their will is an unfair work practice and often an excuse to monitor workers unnecessarily. Some people prefer office-based working, and that’s great. But others suffer tremendously.

We believe that employees should have the final say over when and where they work. Only this approach will ensure employees’ welfare.

So, what can you do?

If you are facing forced RTO, you are not alone and there are ways you can fight back. The good news is, there are lots of workers like you who have fought back and won…

Employees Win Against Forced Return-to-Office Mandates

Many companies have faced resistance from employees regarding RTO policies, leading to adjustments and more flexible arrangements:

• Apple: In 2022, Apple employees pushed back against the company’s RTO plans, advocating for more flexible work options. The resistance led to delays and modifications of the initial RTO mandate;

• Northcoders: In 2024, Northcoders employees wrote an open letter signed by a majority of workers. Sending this was enough to make senior leadership change their decision for forced return to office;

• Civilian Met Workers: In early 2025, desk based, civilian employees working for the Met workers were on strike over forced return to office.

How to …

If you’re facing RTO and want to fight back collectively, here are 3 steps you can take.

1. Power in numbers 👭

Acting collectively is the first step to fighting unfair RTOs. If you’re affected, speak to your colleagues and get organised. We offer training for members.

2. Join a union 💪

Unions are just people, like you, working together to enact meaningful changes to their lives;

By joining a union you are better protected against unfair work practices;

Join us here.

3. Plan your response 📝

There are different ways you can fight RTO. Whether that is through collective grievances, open letters, or even escalating to withholding your labour (strike action).

Every company and situation is different, so there is no one-size-fits-all approach. By joining a union and making contact with a rep or organiser, at the same time as speaking to colleagues about how the RTO mandate affects them, you can start to plan your response.

We offer training and resources to help you. Become a member, join our Discord and reach out to one of our reps!

Further Reading and Resources

Variation of Contract

ACAS:

https://www.acas.org.uk/changes-to-employment-contracts

https://www.acas.org.uk/changing-an-employment-contract/advice-for-employees

https://www.acas.org.uk/changing-an-employment-contract/employer-responsibilities

https://www.acas.org.uk/changing-an-employment-contract/advice-for-employees/if-your-employer-introduces-a-contract-change-without-your-agreement

GOV.UK:

https://www.gov.uk/your-employment-contract-how-it-can-be-changed

Flexible Working

ACAS:

https://www.acas.org.uk/acas-code-of-practice-on-flexible-working-requests

GOV.UK:

https://www.gov.uk/flexible-working

Reasonable Adjustments

ACAS:

https://www.acas.org.uk/reasonable-adjustment

How to Defend Against a Performance Improvement Plan (PIP)

What is a PIP?

A Performance Improvement Plan (PIP) is a formal process that employers use to address performance concerns. The employer ought to have guidance on what a PIP is and in what circumstances it would seek to impose one. This can sometimes be found in the employee’s employment contract. Other places you might find this are in the Company Handbook, Employees’ Handbook or the employer’s Intranet/HR portal.

PIPs have a number of stages, which are usually (but not always) arranged as follows:

1. Informal PIP
2. Formal PIP – stage 1
3. Formal PIP – stage 2

Failing a PIP can result in disciplinary action, which may result in dismissal, but the employer ought to follow a fair process. It is not usually possible to bring a claim for ‘ordinary’ unfair dismissal (in this context, that means for performance-related issues) if an employee has less than two years’ service. Although this might change with the Employment Relations Act due to come out next year (2026).

When are PIPs are used?

PIPs are one of the tools used by employers to seek to improve performance, especially if the employer has an issue with an individual’s work. Whilst a PIP can provide an opportunity to improve, it can also serve as a step toward dismissal.

If your employer opens a discussion about a PIP, it is crucial to approach the process strategically. This guide outlines key steps to protect yourself and improve your chances of a fair (and hopefully successful) outcome.

What to do: Action Plan

The first step when receiving notice of a PIP is to check your employer’s policy. There are many different possible names for this policy, but their effect is the same.

Note: Policies related to performance can vary and could be called ‘Performance Improvement Policy’, ‘Performance Management Policy,’ ‘Employee Performance Review Policy’ or ‘Performance Appraisal Policy’.

The first thing to do is find out what are the conditions an employee must meet to qualify for a PIP. This is usually a shortcoming related to the employee’s performance of his/her/their primary responsibilities.

There is usually a section in the policy devoted to informally resolving the issue, sometimes called an informal PIP. If this is the case, then this step should be followed before starting any formal process. Sometimes, employers will seek to initiate PIPs prior to trying informal resolutions, or against their policies’ criteria for who is eligible for a PIP. If you believe you have been put on a formal PIP contrary to your employer’s policy, the first thing you must do is point this out, making direct reference to the relevant section of their policy.

As with anything regarding your employer, ensure you get everything in writing.

If you are eligible for being put on a PIP, follow the steps below.

1. Assess the PIP’s Validity

PIP terms are usually subject to agreement, so it is very important that employees – before agreeing to the PIP – carefully review the basis for it and how it is structured. Use SMART Criteria to help set the targets.

Check for the following:

Are the actions and targets reasonable? The objectives should be:

• Specific, with no room for misinterpretation of the target.
• Measurable, with a pre-agreed quantity or number to reach.
• Achievable, especially within the timeframe provided.
• Realistic, an average colleague should also expect to meet the target.
• Time-bound, there must be a specific window of time in which you should reach the target.

Is the process fair and non-discriminatory?

• Check that similar performance issues have been addressed consistently among colleagues.
• If you suspect discrimination (e.g., based on age, race, gender, disability, or another protected characteristic), seek advice from your union representative.

Is there a sound basis for the PIP?

• The PIP should be based on clear, documented performance concerns - not vague, non-specific or subjective criticisms.
• If past performance reviews were positive, challenge any sudden change in assessment, especially if the issues have never been raised until the PIP proposal.

2. Your Right to Representation

If the PIP could lead to dismissal, you have the right to be accompanied at meetings. This can be a union representative or a colleague.

• If you’re unsure whether dismissal is a possible outcome, ask for clarification in writing.

Note: If you have been with the company for less than two years, you have fewer protections against unfair dismissal. However, discrimination claims or breach of contract claims can still apply.

3. Proactively Manage the PIP

Once the PIP is set, focus on documenting your progress and gathering evidence to support your case.

Key Steps:

Engage with the process actively

• Show commitment to improvement by following the PIP’s steps and meeting deadlines.
• If any target is unclear or unrealistic, request clarification or adjustments in writing.

Request regular feedback (even excessively!)

• Proactively ask stakeholders (managers, colleagues, or clients) for feedback in writing.
• Gather positive feedback that confirms your improvement and achievements.

Identify and prepare for weak areas

• Before the review meeting, pinpoint incidents where you may have fallen short.
• Ask colleagues/stakeholders for their perspective and prepare a defense.

Questions to Ask Yourself

• Can you show measurable improvements since the issue was raised?
• Were the concerns one-time issues (“blips”) rather than ongoing failures?
• Even if you haven’t met every target, are you showing progress?
• Do you have evidence of progress (emails, reports, feedback)?

4. Preparing for the Review Meeting

• Document everything: Keep a record of actions you have taken, feedback received, and any challenges encountered.
• Challenge unfair points: If targets were unreasonable or the process was unfair, raise these concerns.
• Be professional and constructive: Demonstrating a positive attitude toward improvement strengthens your position.

5. Get Support

You are not alone.

If you believe the PIP is unfair or being used to push you out, seek support early.

• Speak to your union representative for advice and advocacy.
• Consult external resources for further guidance on performance issues and employment rights.

Useful resource: Redmans Solicitors: Guide to Performance Issues at Work

By taking a strategic approach, actively engaging with the process, and gathering supporting evidence, you can defend yourself against an unfair PIP and improve your chances of a favourable outcome.

A Final Word

We at UTAW have been seeing PIPs used more and more frequently as a means of managing people out.

The best defense is always collective. This is why it is so important for us all to be building strong workplace unions. Alone, we have very little power. But together, with union recognition contracts, we are much better able to defend ourselves.

If you want to learn how to organise your workplace and win union recognition, become a member.

Flexible Working Request (FWR) - Outline

• It is a day one right and applies to all employees;
• Permissible changes are hours, times and location of work; So for example, you might request working from home an extra day or a later start time and finish time.
• The request can be made for any reason;
• The employer can legally refuse for any of the eight specified business-related reasons listed below
• There must be consultation with the employee and requests should be handled reasonably; and
• The whole process must be concluded within two months (unless an extension is agreed), and this should include the appeal, if one is permitted by the employer.

What Flexible Working Changes Can I Request?

You can ask for a permanent change in terms and conditions (a “contract variation”) relating to:

• The hours you are required to work;
• The times you are required to work; and/or
• Where you are required to work.

How do I make a FWR?

Your application must be:

• Be in writing;
• Be dated;
• State that it is an application under the statutory right to request flexible working;
• Specify what change is being applied for, the proposed date of the change;
• State whether the employee has made a previous request; and, if so,
• When that previous application was.

You can find a helpful template here.

Can My Employer Refuse?

An employer can only refuse an application for flexible working where there is a business reason for doing so.

The permitted business reasons under the legislation are:

1. the burden of additional costs
2. detrimental effect on ability to meet customer demand
3. inability to re-organise work among existing staff
4. inability to recruit additional staff
5. detrimental impact on quality
6. detrimental impact on performance
7. insufficiency of work during the periods the employee proposes to work
8. planned structural changes.

The employer should not simply assert that a statutory ground for refusal exists but should provide an adequate explanation to the employee of which ground applies and why it has led to the application being refused.

The Purpose of FWRs and the Process an Employer Should Take

One of the main purposes of the flexible working provisions is to ensure that employers give serious consideration to employees’ flexible working requests. There is no requirement to follow any particular procedure but requests must be dealt within a “reasonable manner”. There is no statutory definition of what “reasonable manner” means, but both the ACAS Code of Practice and the ACAS guide make recommendations. An Employment Tribunal (ET) will have regard to the ACAS Code of Practice in determining whether an employer has behaved reasonably. As noted above, the employer is required to consult with the employee about a request before it is rejected. This is normally in the form of a meeting.

Although there is no statutory obligation to meet with an employee in all cases, we believe the employer should hold a meeting unless the request can simply be approved without discussion. If the employer cannot accept the request, the ACAS Code says there should be a discussion of whether a modified version of the request or alternative options might work instead. Employers are expected to propose compromises where possible rather than simply rejecting a request outright.

Trial periods and Competing Requests

If your employer is unsure whether a flexible working request will work, one available option is to agree to a change on a trial basis. This is usually an agreed fixed period of time during which the new arrangements are in place. In such cases, the usual two-month decision deadline ought to be formally extended so that the trial period can be accommodated.

It is important to be clear that the trial period has a fixed end date, and that the employee will revert to their original working pattern if the trial is not successful. If this is not stated there is a risk that a permanent contractual change will be deemed to have taken place. It is also important to set agreed dates for reviewing the new arrangements, along with clear criteria for assessing whether the trial has been a success.

As always, make sure you get everything in writing and save it somewhere safe, off of your companies systems and devices.

Complaints to the Employment Tribunal (ET)

There are specified circumstances when an employee can lodge a claim with the Employment Tribunal:

• When the employer has failed to deal with the flexible working application in a ‘reasonable manner’;
• When the employer has ‘failed to consult with the employee’ before rejecting the request;
• When the employer has ‘failed to notify the employee of the decision on the application within two months (or any agreed extended period);
• When the employer has refused the application for a reason other than the statutory grounds;
• When the employer’s decision to reject the application is based on incorrect facts; and
• When the employer has inappropriately treated the application as withdrawn.

Role of the Tribunal

The ET’s function is to verify whether the employer has acted in a reasonable manner and consulted with the employee, and to examine any disputed facts as to why the business reasons for refusal apply. There is no power for the Tribunal to question the employer’s commercial judgment or to substitute its own judgment for that of the employer. Unless the employee can persuade the ET that the employer’s decision was based on facts that are “incorrect”, it is difficult to go behind the employer’s business case. There is certainly no requirement on the employer to justify its decision on objective Grounds.

A Successful Claim

Where the ET finds a complaint well-founded, it will make a declaration to that effect and has the power to make an order that:

• Requires the employer to reconsider the employee’s application for flexible working; and/or
• Awards compensation of up to eight weeks’ pay, subject to the upper limit on the amount of a week’s pay.

Due to the fact that limited compensation is available for breaches of the flexible working provisions, it is likely that claims will be brought as part of wider claims for discrimination.

Contrasting Flexible Working and Reasonable Adjustments

There is sometimes confusion between flexible working requests and reasonable adjustments. It is important you don’t get the two confused, and that you follow the course of action that best suits you and your own circumstances. If you’re in doubt, you can reach out to one of our reps for guidance. A flexible working request, when permitted, will usually result in a permanent change in your terms of employment.

In contrast, a request for a reasonable adjustment is linked to a disability and involves seeking a change to remove a disadvantage caused by that disability but does not change your contractual terms. A reasonable adjustment is in response to fixing that disadvantage (and may well change a person’s location, days or times of work). This is NOT the same as flexible working though, and if you’re making a reasonable adjustment request - do NOT mention flexible working in it as you risk the employer rejecting your request based on business reasons.

Generally speaking, it is easier for an employer to reject a request for Flexible Working (due to business needs which are sometimes hard to prove or disprove). Whereas, if an employer rejects a Reasonable Adjustment this could amount to disability discrimination.

Indirect Discrimination

A significant risk for employers is indirect discrimination when refusing flexible working requests. This is because such applications are usually made by employees with caring responsibilities. Given that this is an issue that disproportionately affects women - especially those returning from maternity leave - this can lead to claims of indirect sex discrimination.

Indirect discrimination occurs when the employer imposes a condition that despite not being intended to treat anyone less favorably, has the practical effect of disadvantaging someone with a particular protected characteristic. When the act or decision does disadvantage an employee with that characteristic, it will amount to indirect discrimination (unless it can be objectively justified).

The required elements for a finding of unlawful indirect discrimination are:

• The application of a provision, criterion or practice (PCP - the condition imposed by an employer which results in less favourable treatment is known as a “PCP”);
• That PCP must disproportionately disadvantage a group of people who share a protected characteristic;
• The PCP does in fact put someone personally at a disadvantage; and
• There is no objective justification for the PCP.

In practice, most female employees who wish to work flexibly in order to care for children have no difficulty getting over the first three of these hurdles and cases often turn on the question of whether the employer’s insistence on full-time working is objectively justified.

Sex discrimination may also form the basis of a claim for women who have caring responsibilities for adults. Relevant statistics show that this is also a burden which disproportionately falls on women. An employer will be in a position to refuse a request from a female employee who wishes to work flexibly if it can objectively justify its practice of requiring full-time working. There have been numerous cases involving women with young children in which employers have sought to justify such a refusal with inconsistent and unpredictable results.

Employers are much more likely to be able to justify the refusal if they have consulted fully with the employee before rejecting the request with a “can do” rather than “cannot do” approach. The employer ought to try to find ways around its concerns before rejecting a request. A blanket policy to refuse flexible working would usually be considered to be unlawfully discriminatory.

Some jobs can be done flexibly merely by reducing hours. Other jobs may require full-time commitment but be capable of job-sharing. One possible justification for refusing a request to work part-time would be an inability to locate a suitable job-share partner.

Following a change to the Equality Act in January 2024, a male employee wanting to work flexibly for caring reasons may also now be able to claim indirect sex discrimination, if he can show that female employees are disadvantaged and he suffers the same disadvantage.

Introduction

This guide contains redundancy advice for tech workers, by tech workers.

To our best knowledge, the information that follows is correct, but we are not lawyers so can’t guarantee it. If taking action against your employer, it’s worth cross-checking this guide against other sources and, if possible, seeking your own legal advice.

This guide doesn’t reinvent the wheel. Much of this information is sourced from external resources linked in the final section. By collating it and adding further advice from a union perspective, we hope it will make your life easier.

We’ve written this with a UK-based audience in mind. If based elsewhere, check the laws in your area.

If you’re a union member, you can get support from trained reps. If you’re a UTAW member, you can also seek advice from UnionLine, the CWU’s employment law firm: https://www.cwu.org/unionline/

Redundancy is difficult and often stressful, but you are far from alone. Lean on your colleagues and your union for support. Take care not to burn yourself out during consultations or while looking for new work. Be kind to yourself, and take a breather when you need it.

Joining UTAW takes two minutes: utaw.tech/join

Runbook

If made redundant, you could lose access to work systems at very short notice. If you suspect you could soon face redundancy or your employer notifies you that redundancies are incoming, it’s worth taking steps to prepare.

Steps could include:

• Downloading all of your payslips.

• Checking your email and address on all work systems is correct.

• Ensuring you submit any work expenses, and that any outstanding expenses have been reimbursed.

• Downloading copies of any performance review feedback you have.

• Taking notes on any projects you have worked on and the contributions you made to them (this will be useful for future interviews and CV writing).

• Get your CV in order.

Transfer copies of any important documentation stored on work systems to yourself, but take care not to keep anything sensitive (e.g. code). Organisations will often have safeguards in place to detect unauthorised transfers of data. Consequences could include forfeit of redundancy pay and immediate dismissal without notice. Don’t give yourself an unnecessary headache.

If you have been provisionally selected for redundancy, it may be worth:

• Connecting with your colleagues on LinkedIn or exchanging another form of contact details.

• Confirming who you can approach for a reference and taking note of their contact details (both phone number and work email, where possible).

After you have been dismissed:

• Join any alumni Slack/Discord/LinkedIn groups that exist, if interested.

• Check your eligibility for Universal Credit and Jobseeker’s Allowance.

• You may be eligible for Jobseeker’s Allowance even if you have a working partner or have significant savings.

• Don’t assume you won’t qualify.

• If you are eligible for government benefits, claim them. That’s what it’s there for.

• Check your eligibility for Jobseeker’s Allowance here

• Assess your budget, check whether you have outgoings you can temporarily remove or reduce, and ensure you know how long you can live before you need another role lined up.

This section of the guide was inspired by:

• Layoff Runbook
• Effective Immediately

Selection

What criteria can management use to select who is made redundant?

If a whole team or specific group of staff is being made redundant, your employer will have a list of roles they want to cut. No further criteria are necessary.

Otherwise, if your employer is looking to reduce the number of workers in an organisation or team, they need to draw up a list of roles to be considered for redundancy and define some criteria for selection. Selection criteria should be as ‘objective’ and ‘measurable’ as possible. It should not be affected by personal opinion but based on measurable facts.

All at-risk workers will typically be scored against the criteria. Each criterion can be weighted differently depending on what your employer wants to prioritise (for example, some may be scored out of 15, others out of 5). Criteria must be applied consistently for all workers in your selection pool.

Some typical criteria employers can use:

• skills, qualifications, and experience
• performance ratings
• attendance
• disciplinary record
• length of service

Unfair criteria include:

• pregnancy
• family, including parental leave and time off for dependants
• contract status (e.g. being part-time or fixed-term)
• acting as an employee representative
• acting as a trade union representative
• trade union membership status
• trade union activity (e.g. going on legal industrial action for 12 weeks or less)
• doing jury service
• being involved in whistleblowing
• age
• disability
• gender or gender reassignment
• race
• religion or belief
• sexual orientation

If you are dismissed using unfair criteria, an employment tribunal can rule your dismissal as unlawful, regardless of your employment status and length of service. You will need to make a claim to an employment tribunal within 3 months of the date your employment ends (so, the final day of your notice period, if you have one).

Ensure that no unfair criteria are indirectly applied. Some examples:

• length of service (“last in, first out”) can be considered, but if it’s the only means of selection used, it could be seen as age or gender discrimination.
• attendance can be considered, but if leave due to disability, pregnancy, or parental leave is included in this, it likely amounts to discrimination.

What is a selection pool?

Your employer may set up one or multiple selection pools. Each pool should include roles that are the same or similar.

Each pool should have clear selection criteria set out by management, and all workers in that pool should be scored in the same way. The criteria used across each pool can vary.

How many workers can my employer make redundant?

There is no limit on how many workers your employer can make redundant at once, but they must follow different rules depending on the number.

If making 19 or fewer redundancies within any 90-day period, your employer must hold individual consultations.

If making 20 or more redundancies in a single establishment (not necessarily the whole organisation, which could be much larger) within any 90-day period, your employer must hold both collective and individual consultations.

What is an establishment?

If 20 or more redundancies are made in a single “establishment” within an organisation over a 90-day period, collective consultations must be held. However, this term is vague and open to interpretation.

An establishment could be an entire organisation or a ‘distinct entity’ within an organisation. An entity could be argued as a ‘single establishment’ if it:

• manages its own workforce
• is reasonably permanent and stable
• can independently carry out the tasks assigned to it
• has its own technical means, equipment, and organisational structure

A typical example is a retail chain closing several of its physical stores. It could lay off hundreds of workers in total, but if each store operates as a distinct entity from the wider business and has fewer than 20 affected workers, it may not need to hold collective consultation.

The definition of “establishment” employers use is a common point of contention. They may seek to define it very narrowly to avoid their contractual obligations. If you believe your employer is taking advantage in this way, you should seek legal advice (if you’re in UTAW, reach out to UnionLine).

Does my employer need to offer voluntary redundancy as an option?

No, voluntary redundancy is offered at the discretion of the employer. If they have not offered it, but you believe they should, you can discuss this with management during consultations.

I am not provisionally selected. Am I safe?

If you have not been provisionally selected, but have been notified as at-risk, you are not safe from redundancy until dismissals are made and any appeal cases are resolved.

If another colleague in your selection pool is provisionally selected, but successfully argues their case during individual consultation or on appeal and raises their score against the criteria, you may be provisionally selected instead.

If you are provisionally selected later on, you should be individually consulted in the same way as your other affected colleagues. The time between your provisional selection and any notice of dismissal should not be any shorter than your other affected colleagues.

Is my employer allowed to stagger redundancies to escape collective consultation?

No. Staggered redundancies are allowed in general, but your employer should not make multiple, smaller groups of workers redundant over an extended period solely to avoid collective consultation. If they do, affected workers can bring a case to an employment tribunal and may be awarded compensation. Bear in mind that it may be a challenge to prove your employers’ intentions to a tribunal. We recommend you seek legal advice (if you’re in UTAW, reach out to UnionLine).

Timeline

How quickly can my employer dismiss me?

If making 19 or fewer redundancies in an establishment, there is no legal minimum time between the start of consultations and dismissal. However, your employer must follow a fair and “reasonable” process. If they fail to do this, you may be able to bring a case to an employment tribunal. Good practice would be to provide the same amount of time for consultation as if they were making 20-99 redundancies, so at least 30 days between the start of consultations and dismissal.

If making between 20 and 99 redundancies in an establishment, no workers can be dismissed any sooner than 30 days following the start of consultations.

If making 100 or more redundancies in an establishment in Britain, no workers can be dismissed any sooner than 45 days following the start of consultations.

If making 100 or more redundancies in an establishment in Northern Ireland, no workers can be dismissed any sooner than 90 days following the start of consultations.

Once your dismissal is confirmed, you will then need to serve your notice period. Your employer could let you go sooner by offering payment in lieu of notice, or could place you on gardening leave for the remainder of your notice.

How much notice of dismissal must my employer give me?

Employment contracts often state how much notice you will receive in the case of dismissal, so check that as your first port of call. The information that follows is the statutory minimum.

If employed for more than 1 year, you are entitled to 1 week’s notice for each full year of employment. For instance, if you have been employed for 3 years, you must receive at least 3 weeks of notice. The cap is 12 weeks.

If employed for between 1 month and 1 year, you are entitled to 1 week’s notice.

If employed for under 1 month, you are not entitled to any notice.

Rather than making you serve the remainder of your notice, your employer may opt to make a payment in lieu of notice instead.

My workplace has just completed a round of redundancies. How long before they can begin another round?

There is no limit on how long your employer must wait before carrying out a fresh round of redundancies. However, attempting further redundancies within 90 days of previous ones may trigger further obligations for your employer to consult with affected workers.

If your employer carries out a first batch of redundancies affecting fewer than 20 workers in an establishment, and subsequently proposes a second batch of redundancies within 90 days, collective consultation will be triggered wherever the total number of affected workers is 20 or more. Failure to collectively consult on all redundancies proposed within the 90 day period is illegal.

If your employer carries out a first batch of redundancies and collectively consults on their proposals, and subsequently proposes a second batch of redundancies within 90 days, they are not required to add the total from the second batch of redundancies to the first batch. For instance, if 30 workers are laid off in the first batch and 10 workers in the second batch, there is no requirement for collective consultation on the second batch (unless the employment contracts of affected workers state otherwise). If the collective consultation on the first batch is still underway, however, both batches should be merged and the consultation should be completed on all 40 proposed redundancies.

Consultation

What is collective consultation?

Collective consultation must happen when an employer:

• plans 20 or more redundancies in your establishment (“establishment” is not necessarily the organisation as a whole, which may be much larger).
• plans to make the redundancies within 90 days.

In collective consultation, management consults with representatives of affected workers in regular meetings. In a workplace with a recognition agreement, these will be trade union reps; otherwise, they will be employee reps.

Collective consultation must cover:

• the reasoning for redundancies
• ways to avoid redundancies
• ways to keep the number of redundancies to a minimum
• ways to limit the effects for affected workers (e.g. by offering retraining)

What is individual consultation?

Some form of individual consultation must happen in all circumstances, though there are no strict rules around what this process should look like.

Individual consultation is an opportunity for provisionally selected workers to meet with management before any final decisions are made. You should discuss:

• why management views redundancy as necessary
• the criteria management has used to select you and others
• any concerns you have about the process or your selection
• the possibility of time off, if you want any, allowing you to update your CV and search for new work
• ideas you have for alternatives that could avoid redundancy, for you or others

Management does not need to agree to any ideas you suggest but should meaningfully consider them.

There are no rules around how long consultation should last, but if 20 or more redundancies are made at once, there is a minimum time between consultations starting and dismissal (see ‘Timeline’ above). Even in the case of 19 or fewer redundancies, an exceptionally short consultation period could be seen by an employment tribunal as grounds for unfair dismissal.

Management should meet with you individually at least once during the consultation period.

You don’t have a legal right to be accompanied to meetings by a union rep or colleague, but it’s good practice and should be allowed. Ensure you give management notice that you will be accompanied and add them to any calendar invites. It is a good idea to have someone in the room who can observe the discussion and take minutes for you to review later.

If management is resistant to you bringing someone, emphasise how stressful you find the situation and that you will be reassured by having support in the meeting (tug at their heartstrings, in other words). Make clear that it is standard practice to allow a colleague or rep to attend and that denying such a request is unusual.

What is the difference between collective and individual consultation?

In collective consultation, management consults representatives of affected workers (either trade union or employee reps). In individual consultation, management consults affected workers one-to-one.

Collective consultations allow the collective workforce time to review the employer’s proposals and suggest any alternatives that could avoid or reduce redundancies. It’s also an opportunity to scrutinise the proposed selection criteria and suggest ways your employer can support affected workers (e.g. through redundancy packages or retraining).

Individual consultations are to let affected employees know why they were selected and to argue their case if they wish to stay.

What questions should I ask during my individual consultation?

If you have made peace with leaving your role and don’t wish to oppose your selection, you can simply tell management you have nothing to ask them.

If you intend to oppose selection, you need to understand why you have been selected and mount an argument that your scoring should have been higher and/or there are issues with the criteria they have used or how they have been applied.

Here are some questions you may find useful:

• What scores did I receive in the selection criteria and why?
• How many employees are in my selection pool, and how many of us are being made redundant?
• Why are [x] number of roles being made redundant from my pool specifically?
• Can I have the anonymised scores of my pool?
• Can I have the score I would have needed to achieve to be safe (i.e. the break point)?
• What sources of info did you use to create my scores?
• How was each of my scores calculated?
• How were the criteria measured objectively?

If you suspect inconsistencies in scoring across your pool, dig into this. Even if management is unwilling to answer a question, there’s no harm in asking.

Management should make every effort to share information with you so long as there’s no reasonable chance it could identify another employee in your pool.

My employer is carrying out a collective consultation and must hold elections for employee representatives. How does this work?

In collective consultation, management consults with representatives of affected workers. If there are no recognised trade union reps in your workplace, then employee reps will fill this role.

There may be an agreement in place that gives existing employee reps the right to represent workers (e.g. an information and consultation agreement, also known as an “ICE” agreement). If not, reps must be elected specifically for the consultation and training must be provided to them, paid for by the employer.

There must be at least one rep for each 50 employees, with a minimum of two and a maximum of 25 reps. It is for employers to decide how many rep slots there will be, but they should use this as a guideline.

Only workers can stand as candidates in the election, and priority should be given to those who are affected by the proposed redundancies.

All affected workers are entitled to vote in the election, and may vote for as many candidates as there are rep slots to be elected.

It is for the employer to decide how long the term of office for reps will be. If they are elected for a one-off consultation, they should remain in place for long enough to complete the consultation.

If a rep drops out, the employer must make arrangements to elect someone else in their place.

Once elected, employee reps are entitled to paid time off for training and for fulfilling their duties.

It is good practice for an election to be managed by an independent third party. In some cases, this can be a legal requirement.

The voting system used in an election is for the employer to decide. It may be a simple “first past the post” method or a more complex proportional representation system. The ballot must be held in secret. The election must be held at least 21 days after the employer publicises the voting system they intend to use, allowing time for any challenges to the proposed method.

The nomination system used is also for the employer to decide. Workers may be able to self-nominate, or may need to seek support from a sufficient number of colleagues to stand. The nomination process must be open for at least one week.

If the number of workers nominated is equal to or fewer than the number of rep slots available, no election is necessary. All nominated workers can be automatically appointed as reps.

If no workers are willing to stand for election as a rep, your employer can provide the information that would have been shared with reps in consultation with all affected workers directly, but this should be a last resort. In this case, no collective consultation actually occurs, and the employer may proceed straight to individual consultations.

My employer hasn’t fully consulted us. What can I do?

Employers must always consult affected workers individually and should often consult collectively too.

Employers should seriously consider ways of avoiding dismissals where possible. They should also consider how to mitigate the consequences of any dismissals. If they fail to do this, they are not meeting their obligations.

In such a case, you can make a claim to an employment tribunal for “unfair dismissal”. If successful, your employer may owe affected workers compensation (a “protective award”) of up to 90 days’ full pay.

Any case brought before a tribunal is most likely to succeed if there is one or more of the following:

• a flagrant breach of minimum legal timescales with no reasonable justification.
• a clear failure to provide the information demanded by law during consultation.
• an obvious breach of meaningful consultation (e.g. dismissing workers before holding discussions).

Can collective and individual consultations run side-by-side?

Your employer should hold any collective consultation before starting individual consultations. That said, both can run at the same time. However, if workers are provisionally selected before collective consultation is complete, it may suggest your employer is not engaging in good faith, and could be looked upon poorly by an employment tribunal.

What are some alternatives my employer could consider instead of compulsory redundancies?

It may be possible for an organisation to make savings through means other than redundancy, and the collective workforce will likely have ideas for how to do this.

However, it may still be necessary to reduce staffing costs. Even then, compulsory redundancies can often be avoided. Some alternatives:

• Establishing a voluntary redundancy, or early retirement scheme.
• Freezing recruitment, and limiting the refilling of posts when workers leave the organisation.
• Reducing the use of temporary, agency, or casual staff.
• Reducing or eliminating overtime.
• Reducing working hours.
• Limiting pay rises.
• Moving workers into other roles through suitable alternative employment.
• Promoting voluntary unpaid leave.
• Promoting forms of flexible working that reduce costs (e.g. home working or job sharing).

Alternative employment

Does my employer need to offer me alternative employment within the organisation?

Your employer must offer suitable alternative employment within the organisation wherever possible. If a role is suitable, it should be offered to you instead of redundancy. The offer must be made in writing before your current employment contract ends, and it must start within 4 weeks of your current role ending.

If a suitable role is available but is not offered to you, you can make a claim to an employment tribunal for unfair dismissal.

If no suitable alternative roles are available, your employer can proceed with your redundancy.

What happens if an alternative role is available and multiple affected workers express interest?

In this case, the role must be offered to any workers on parental leave in the first instance. If this doesn’t apply, a fair process must be followed (e.g. holding interviews for the role). If you don’t win any available roles, your employer can proceed with your redundancy.

Am I entitled to a trial period in my new role?

Yes, you have a right to a 4-week trial period. If you need more time to train for the role, you may be able to agree to an extended trial period with your employer. It must be agreed in writing and have a clear start and end date.

If you decide to leave the role during your trial period, you may still be eligible for redundancy pay, but only if you have a valid reason for leaving (see below).

What happens if I am offered alternative employment and turn it down?

If you refuse an alternative role, you must have a “valid” reason why it’s not suitable if you are to remain eligible for redundancy pay. Examples include:

• the role is lower pay
• health issues
• difficulty getting there (e.g. because of a longer journey, higher cost, or lack of public transport)
• disruption it would cause to your family life

You can refuse an offer without a valid reason but will forfeit your right to redundancy pay.

If my employer offers some workers alternative roles, do they still count towards the overall number of people affected?

Yes, those offered alternative roles still count towards the total number of redundancies. For example, if your employer plans to make 17 workers redundant and offer another 5 workers alternative roles, the total number is over 20, so your employer must still collectively consult.

Dismissal

What should my letter giving notice of dismissal contain?

It should contain the following:

• Your notice period
• Your leaving date
• Any redundancy payment you are owed
• Any pay owed to you for any other reason (e.g. outstanding holiday pay)
• Method and timing of any payment
• Details on any appeal process

Can I take time off work if I receive notice of dismissal?

Yes, your employer must allow workers who are being made redundant a ‘reasonable amount’ of time off during your notice period to look for another job or undertake training.

You will only be entitled to 40% of your typical pay for each day you take off unless your contract specifies a higher amount.

You can only take time off once you are in your notice period. You cannot take time off if you have been provisionally selected.

Do I need to pay tax on earnings during my notice period?

Yes, you’ll pay tax on your earnings during your notice period. This remains true if you’re not required to work during this period (e.g. you’re given payment in lieu of notice, or you’re placed on garden leave).

Appeals

I’ve been dismissed but want to fight it. What can I do?

Your employer should offer the right to appeal. It is highly recommended that you join UTAW to gain access to rep support through this process.

If your employer has not set out a clear process and timeline for appeals, ask that they do so. Where possible, those who are involved in handling your appeal case should not be the same people who decided on your original selection. There is no set time limit for this process, but swiftness is in everyone’s interest.

If your employer has offered no right to appeal, or if your appeal is rejected and you still believe that the decision was unfair, you can make a claim to an employment tribunal for unfair dismissal. While “unfair” may seem a subjective term, employment law is clear. You will need to prove one of the following:

• The process your employer used was not fair.
• The decisions made in your specific case did not follow the process.
• You were discriminated against based on a protected characteristic.

If you have worked at your company for under 2 years, you cannot make an individual claim to a tribunal for any reason other than discrimination.

Any other arguments are unlikely to succeed. Employment law is complex, which is why union support is important to ensure you stand the strongest possible chance, and that you are realistic about your chances.

I appealed and my case was upheld. What happens now?

If your appeal has been upheld and your notice period is not yet over, your employment contract should continue as though you were never selected for redundancy in the first place.

If your notice period has already ended, you should be reinstated in your original role. In any future redundancy scenario, your length of service (“period of continuous employment”) will apply unbroken from when you were first employed. You may be owed arrears of wages between the end of your notice period and the date of your reinstatement. You will need to return any redundancy payment made to you.

I want to bring a case to an employment tribunal. How can I do this?

If you are a trade union member, your union will be able to help. UTAW members can contact UnionLine if they wish to bring a claim of unfair dismissal or are seeking owed redundancy pay. UnionLine can submit a claim to an employment tribunal on your behalf.

Bear in mind that there are time limits on bringing a case before an employment tribunal:

• 3 months for unfair dismissal, or a contractual redundancy payment.
• 6 months for a statutory redundancy payment.

Some cases may only be viable if you were continuously employed for long enough. For instance, most cases of unfair dismissal can only be taken to a tribunal if you have served two years continuously. If in doubt, reach out to UnionLine.

If you are not a trade union member, you can submit a case online via the gov.uk website. See more here: https://www.gov.uk/employment-tribunals/make-a-claim.

Redundancy pay

How much redundancy pay am I entitled to?

Your employment contract may specify that your employer needs to pay more than the statutory (legal minimum) amount. Check your contract and speak to your recognised trade union if your workplace has one. Your employer can also award packages above and beyond the legal minimum. The information below relates to the statutory amounts only.

The gov.uk website has a statutory redundancy pay calculator that you can find here: https://www.gov.uk/calculate-your-redundancy-pay.

If you have been employed by your organisation for under 2 years continuously by the date your notice period ends, you are unfortunately not entitled to any redundancy pay.

If you have been employed by your organisation for 2 years or more continuously by the date your notice period ends, you are owed redundancy pay. This is calculated as:

• 0.5 weeks’ pay for each full year worked where you were under 22.
• 1 weeks’ pay for each full year worked where you were between 22 and 41.
• 1.5 weeks’ pay for each full year worked where you were 41 or older.

Weekly pay is the average you earned per week over the 12 weeks before the date of your dismissal. It is capped at £643 in Britain and £669 in Northern Ireland. It should include any regular overtime specified in your contract and any bonuses or commission.

Length of service caps at 20 years. This means the maximum statutory redundancy pay is £19,290 in Britain and £20,070 in Northern Ireland.

If you accepted reduced hours in the previous 12 months to avoid redundancy, your weekly pay must be calculated using your salary before the reduction in hours took effect.

Do I need to pay tax on a redundancy payment?

You will not pay tax or National Insurance on the first combined £30,000 of:

• statutory redundancy pay
• additional severance, or enhanced redundancy payments from your employer
• non-cash benefits (e.g. company property you keep after your employment ends)

You won’t pay tax or National Insurance on contributions your employer makes to a registered pension scheme as part of your termination payment (though you’ll owe tax on any employer contributions that exceed the Annual Allowance ).

You will pay tax and National Insurance on any aspects of your termination pay considered earnings. This includes:

• unpaid wages
• holiday pay
• bonuses
• payments you receive for agreeing to enter into a restrictive covenant (an agreement not to work for a competitor for a set time after leaving)
• payments you receive instead of working during your notice period (e.g. payment in lieu of notice)

How long can my employer take to make a redundancy payment?

Your employer must make any redundancy payment no later than your final payday. It can only be paid later if you both agree to another date in writing.

My employer refuses to make a redundancy payment I am entitled to. What can I do?

You can make a claim for payment to an employment tribunal.

If seeking a contractual redundancy payment (which may be higher than the statutory amount), you must bring a case before a tribunal within 3 months of your notice period ending (or your date of dismissal, if you have no notice period).

If seeking a statutory redundancy payment, you must bring a case before a tribunal within 6 months of your notice period ending (or your date of dismissal, if you have no notice period).

Supporting others

I want to support a provisionally selected colleague through their individual consultation. What should I know?

Start by reaching out to your colleague and, if necessary, introducing yourself. Let them know you’re there to help them and find out the times of their consultation meetings.

You should arrange a conversation with them beforehand to learn more about their circumstances:

• What outcome do they want?
• Is there anything they want to contest r.e. their selection? If so, what?
• What kind of support would they like from you throughout the process?
• Would they like you to attend their consultation meetings?
• If attending, how would they like you to act in meetings? For example, should you be stern or warm, and should you ask questions yourself or only when prompted?

If they plan to oppose their selection, help them build their case and plan out questions they would like to ask. A bullet point list of questions, ready to go, will be a huge help. You can send management these questions straight away or wait until the call. If they seem anxious, suggest they practise asking the questions out loud.

If you’re joining their consultation meetings, remind them that they should give management some notice, and have them add you to calendar invites. Bear in mind employers are not required to let workers bring a rep or colleague to consultation meetings (unless their employment contract states otherwise), but it’s certainly good practice. If management is resistant, have your colleague emphasise how stressed they are by their situation and how much having support in the meeting will reassure them.

During meetings:

You’re there for support and should only act as you’ve discussed. Never answer questions on behalf of your colleague.

• If you are asking questions, call out management on anything suspicious and ask for further clarity on anything that remains unclear.

• Take minutes of everything discussed.

• If they appear overwhelmed, jump in and ask to take a break for a few minutes.

Try to debrief after each meeting. Check in with them, see how they’re feeling, and form a plan of action moving forward.

It may seem daunting joining consultations as support, but it’s not actually very scary! The most valuable thing you can give your colleague is someone unequivocally on their side.

Trade union

My workplace is covered by a trade union recognition agreement. How does that affect the redundancy process?

If your employer collectively consults, and your workplace has a recognised trade union, management must consult your union reps on their proposals. They must also meaningfully consider any counterproposals your reps make.

Recognition agreements often impose stricter responsibilities on employers seeking to make redundancies than is set out in law. For instance, your employment contracts may specify that collective consultation is triggered even when fewer than 20 workers are provisionally selected.

Management may be required to negotiate with your union reps, not just inform and consult them, and seek agreement before they can proceed with any redundancies. Speak to your trade union and check the terms of your agreement to learn more.

I’m not yet a trade union member. If I join now, can I receive individual legal representation?

Rules vary by trade union, but generally speaking, you must hold membership for a set time before you can claim personal legal representation.

In UTAW, UnionLine is available to advise and represent on many issues from day 1 of membership.

For issues that require a union rep, members are only eligible for issues that started after their 8th week of membership.

External Resources

https://www.gov.uk/staff-redundant

https://www.gov.uk/redundancy-your-rights

https://www.gov.uk/termination-payments-and-tax-when-you-leave-a-job

https://www.gov.uk/employment-tribunals/make-a-claim

https://www.acas.org.uk/dismissals/unfair-dismissal

https://www.acas.org.uk/manage-staff-redundancies

https://www.acas.org.uk/collective-consultation-redundancy

https://unionline.co.uk/employment-rights/redundancy/

https://www.bdbf.co.uk/collective-redundancies-new-ecj-ruling-on-how-to-calculate-numbers-of-redundancies/

https://www.blandy.co.uk/about/news-and-insights/insights/multiple-redundancies-the-meaning-of-establishment-for-collective-consultation