How to Respond to an At Risk of Redundancy Letter

An “at risk of redundancy” letter is the formal start of a redundancy consultation process. It does not mean dismissal has already been decided. Instead, it confirms that your employer is considering changes that may result in job losses due to business reorganisation, reduced workload, or closure of roles.

In England and Wales, redundancy is regulated primarily by the Employment Rights Act 1996, along with procedural standards developed through case law and guidance from organisations such as the Advisory, Conciliation and Arbitration Service (Acas). Employers are expected to follow a fair and meaningful consultation process before any final decision is made.

A properly handled response at this stage can help clarify your position, protect your rights, and ensure the process is legally compliant.

1. Understanding What “At Risk of Redundancy” Means

Being placed “at risk” means:

• Your role is under review, not yet redundant
• You remain employed and usually continue working
• The employer has not made a final decision
• A consultation process should now begin

According to Acas guidance, employers should clearly explain why redundancies are being considered, which roles are affected, and what happens next in the process.

At this stage, decisions should not be predetermined. A genuine process requires openness to alternatives and employee input.

2. Key Rights During the “At Risk” Stage

Employees have several important legal protections during redundancy consultation:

Right to meaningful consultation

Employers must consult individually (and collectively in larger redundancies) before making final decisions. Consultation should involve discussion, not just notification.

Right to information

Employees should normally be informed about:

• Reasons for redundancy
• Selection criteria and pools
• Timeline of the process
• Alternative roles or restructuring plans

Right to fair selection

If selection is required, employers must use objective and non-discriminatory criteria.

Right to appeal

Employees should generally be able to challenge redundancy decisions internally before dismissal is finalised.

3. First Steps After Receiving the Letter

A structured response should focus on gathering information and engaging in consultation.

(1) Request full details of the proposal

It is appropriate to ask for clarification on:

• The business reasons for redundancy
• Whether the role is being removed or changed
• The number of roles affected
• Proposed selection pool and criteria
• Timeline for decision-making

This information is essential to assess whether the process is reasonable.

(2) Review your employment contract

Check for:

• Enhanced redundancy consultation rights
• Notice periods
• Redundancy pay terms
• Internal redeployment obligations

Contractual terms can exceed statutory minimums.

(3) Engage with the consultation process

Consultation meetings are a central legal requirement. Employers must genuinely consider employee input and alternatives to redundancy.

4. What to Ask in a Consultation Meeting

During consultation, questions should focus on fairness, transparency, and alternatives:

Business justification

• Why is redundancy necessary?
• What has changed in business demand or structure?
• Are there financial or operational alternatives?

Selection process

• How was the selection pool defined?
• What criteria will be used?
• How will scoring be evidenced and verified?

Alternatives to redundancy

• Are there redeployment options?
• Are voluntary redundancy schemes available?
• Can working hours or duties be adjusted?

Future opportunities

• Are there internal vacancies?
• Will retraining or redeployment be offered?

5. Checking Whether the Process Is Legally Fair

A redundancy process is more likely to be lawful where:

• A genuine business reason exists
• Consultation is meaningful and not pre-decided
• Selection criteria are objective and consistently applied
• Alternative employment has been considered

Red flags include:

• Immediate assumption of outcome before consultation
• Lack of written evidence or scoring
• Exclusion from selection pools without explanation
• Failure to consider redeployment

If consultation is not genuine, it may give rise to a claim for unfair dismissal.

6. Collective vs Individual Consultation

Individual consultation

Applies where fewer than 20 redundancies are proposed. Employers must still meet employees at least once and allow discussion.

Collective consultation

Required where 20 or more redundancies are proposed within 90 days. This involves employee representatives or trade unions and has minimum statutory timeframes.

Failure to follow collective consultation rules can result in a protective award of up to 90 days' pay per affected employee.

7. Suitable Alternative Employment

Employers are expected to consider whether other roles are available within the organisation. This includes:

• Vacant roles
• Roles requiring retraining
• Temporary or lower-grade positions (in some cases)

Failure to offer suitable alternative employment where available may make a dismissal unfair.

8. Time Limits and Tribunal Claims

If the process leads to dismissal and is believed to be unfair, a claim may be brought to an employment tribunal.

Key limitation period:

• 3 months less one day from the effective date of termination

Claims commonly relate to:

• Unfair selection
• Lack of meaningful consultation
• Discriminatory redundancy criteria
• Failure to consider alternatives

9. Common Mistakes to Avoid When Responding

• Ignoring consultation meetings
• Accepting redundancy assumptions without clarification
• Failing to request written explanations
• Not keeping records of meetings and correspondence
• Missing deadlines for appeals or grievances

Maintaining a written record of all communication is important for evidential purposes.

10. Practical Checklist

After receiving an “at risk” letter:

• Read the letter carefully and note key dates
• Request full details of the redundancy proposal
• Attend all consultation meetings
• Ask structured questions about selection and alternatives
• Check contractual rights
• Keep written records of all communications
• Consider internal appeal routes if selection occurs

Key Takeaways

An “at risk of redundancy” letter initiates a consultation process, not a dismissal decision. Employers must follow fair procedures, including meaningful consultation, objective selection methods, and consideration of alternative roles. Employees should engage actively with the process, request detailed information, and ensure all discussions are documented. Where fairness is lacking, legal remedies through internal appeal or employment tribunal claims may be available.