How to Raise a Grievance During a Redundancy Process

A redundancy process does not remove an employee's right to raise concerns about workplace treatment, fairness, or legality. Where issues arise during consultation, selection, or dismissal, employees may submit a formal grievance under their employer's grievance procedure.

In England and Wales, grievance handling is guided by internal policies and the Acas Code of Practice on Disciplinary and Grievance Procedures. Failure to follow these standards can affect the outcome of any later employment tribunal claim, including potential adjustments to compensation.

This guide explains how to raise a grievance during redundancy, when it is appropriate, and how it interacts with consultation, appeals, and tribunal claims.

Legal Framework

The right to raise a grievance sits within established UK employment law principles, including:

• Employment Rights Act 1996 (fair dismissal and redundancy protections)
• Equality Act 2010 (protection from discrimination during redundancy selection)
• Acas Code of Practice on Disciplinary and Grievance Procedures

Under the Acas Code, employers must handle grievances fairly and reasonably. Employment tribunals may adjust compensation by up to 25% where the Code is unreasonably not followed.

Step 1: Identify the Issue Before Raising a Grievance

A grievance during redundancy usually relates to concerns such as:

• Unfair selection for redundancy
• Discriminatory treatment (direct or indirect)
• Lack of meaningful consultation
• Incorrect application of selection criteria
• Victimisation after raising concerns or whistleblowing
• Failure to consider suitable alternative roles
• Procedural unfairness or predetermined outcomes

Not every disagreement requires a grievance. Some issues may be handled through consultation meetings or redundancy appeals, but serious concerns should be documented formally.

Step 2: Check the Employer's Grievance Procedure

Most employers have a written grievance procedure outlining:

• Who the grievance should be sent to
• Format requirements (usually written submission)
• Timescales for response
• Meeting and appeal stages

If no formal procedure exists, employees can still raise a grievance in writing, and employers are expected to follow reasonable standards under the Acas Code.

Step 3: Consider Timing During Redundancy

Grievances can be raised at different stages:

During consultation

Concerns can be raised while redundancy is being discussed. Employers may address them as part of consultation.

After selection but before termination

A grievance can challenge how selection was carried out or whether it was fair or lawful.

During notice period

A grievance can still be submitted while employment continues.

Raising a grievance does not usually pause the redundancy process unless the employer chooses to delay it.

Step 4: How to Write a Grievance

A formal grievance should be clear, structured, and factual. It typically includes:

• A statement that it is a formal grievance
• A description of the redundancy situation
• Specific concerns raised (with dates, events, and evidence where possible)
• Reference to relevant policies or legal concerns (if applicable)
• The outcome being sought (for example, review of selection, correction of process issues, or reconsideration of decision)

Avoid general or unsupported allegations. Employment tribunals place greater weight on documented and specific complaints.

Step 5: Submitting the Grievance

A grievance should normally be submitted:

• In writing (email or letter)
• To the manager or HR contact specified in the policy
• With copies of supporting documents where relevant

If the grievance concerns a manager, it may be escalated to a more senior manager or HR representative.

Employers should acknowledge receipt and arrange a grievance meeting.

Step 6: The Grievance Meeting Process

At a grievance meeting:

• The employee explains their concerns
• The employer responds and may ask questions
• Evidence may be reviewed
• A note of the meeting is usually taken

Employees may be accompanied by a colleague or trade union representative in most cases.

The employer must then provide a written outcome.

Step 7: Possible Employer Responses

The outcome of a grievance during redundancy may include:

• Upholding the grievance and changing the process or decision
• Partially upholding concerns and making adjustments
• Rejecting the grievance and continuing the redundancy process

Employers may also combine grievance issues with redundancy consultation discussions where appropriate, particularly where issues overlap.

Step 8: Appeals Against Grievance Outcomes

If the grievance is rejected, employees can usually appeal. The appeal should:

• Be submitted within a reasonable timeframe
• Set out why the outcome is disputed
• Be reviewed by someone not previously involved where possible

An appeal completes the internal process required under the Acas Code.

Step 9: Interaction With Redundancy Appeals

A grievance is separate from a redundancy appeal.

• Grievance: focuses on workplace treatment, fairness, or legality
• Redundancy appeal: focuses on selection and redundancy decision

Both may run in parallel. Employers should generally consider both where relevant.

Step 10: Risks and Considerations

Raising a grievance during redundancy may involve practical considerations:

• The redundancy process may continue while the grievance is unresolved
• Employment relationships may become more formal and documented
• Employers may address grievance issues within consultation rather than separately
• Evidence from grievance handling may later be used in tribunal proceedings

If discrimination or victimisation is alleged, the issue may become part of a potential claim under the Equality Act 2010.

Step 11: Link to Employment Tribunal Claims

If internal resolution is unsuccessful, employees may consider:

• Unfair dismissal claims (if eligible under Employment Rights Act 1996)
• Discrimination claims (no minimum service requirement)
• Claims involving procedural unfairness or victimisation

Time limits are strict, usually:

• 3 months minus one day from the act complained of (subject to Acas Early Conciliation)

Failure to raise grievances is not mandatory before tribunal, but it can affect evidence and credibility.

Common Questions

Can an employer refuse to accept a grievance during redundancy?

Employers may try to deal with concerns through consultation instead, but they are generally expected to allow formal grievances under the Acas Code.

Will raising a grievance delay redundancy?

Not automatically. Employers may continue the redundancy process unless there is a specific reason to pause it.

Can I raise a grievance after being selected?

Yes. A grievance can be raised at any point during employment, including during notice.

Is it better to raise a grievance or appeal redundancy?

They serve different purposes and may both be used depending on the issue.

Key Takeaways

Raising a grievance during a redundancy process allows employees to formally challenge unfair treatment, procedural errors, or discrimination. It should be submitted in writing under the employer's procedure and supported with clear factual detail. The grievance process operates alongside redundancy consultation and appeal rights and may later be relevant to employment tribunal proceedings if the dispute is not resolved internally.