This guide is maintained as a current resource for July 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
A detailed guide on redundancy and age discrimination in England and Wales, explaining lawful redundancy procedures, fair selection criteria, consultation duties, redeployment options, tribunal claims, and protections for employees against age-based unfair dismissal.
In England and Wales, age is a protected characteristic under the Equality Act 2010, which means employees cannot be treated unfairly or selected for redundancy because of their age. While employers may make roles redundant for genuine business reasons, any action disproportionately affecting older or younger workers could constitute age discrimination. Understanding these protections helps both employers and employees ensure that redundancy processes are lawful, fair, and transparent.
Legal Framework
Key legislation includes:
- Employment Rights Act 1996 – outlines redundancy pay, notice periods, and protections against unfair dismissal;
- Equality Act 2010 – prohibits direct and indirect age discrimination, harassment, and victimisation in employment;
- Acas Code of Practice on Redundancy – sets out fair selection procedures and consultation obligations;
- Employment Tribunals Act 1996 – provides mechanisms for claims regarding unfair dismissal and discrimination.
Tribunals assess whether redundancies are genuine and whether age was improperly considered in the selection or dismissal process.
Lawful Redundancy and Age
Redundancy is lawful for employees of any age if:
- The redundancy is genuine, based on business needs such as restructuring or closure of roles;
- Selection criteria are objective and age-neutral;
- Consultation with all affected employees is fair and transparent;
- Alternative employment or redeployment is considered for those at risk of redundancy;
- Decisions are documented, demonstrating fairness and compliance.
Age must never be a factor in determining which employees are made redundant.
Risks of Age Discrimination in Redundancy
Age discrimination can take the form of:
- Direct discrimination – selecting employees for redundancy explicitly because of their age;
- Indirect discrimination – applying criteria that disproportionately affect employees of a certain age group, such as minimum service thresholds for redundancy pay;
- Failure to consider redeployment – not offering suitable alternative roles to older workers who may face difficulty finding new employment;
- Harassment or victimisation – creating an environment where older employees feel targeted during redundancy consultations.
Employees who believe they have been selected for redundancy due to age can bring claims to an employment tribunal for discrimination or unfair dismissal.
Fair Selection Procedures
To avoid claims of age discrimination, employers should:
- Use objective and transparent selection criteria – such as skills, qualifications, performance, and attendance;
- Ensure criteria do not disproportionately impact specific age groups;
- Consider alternative employment and redeployment options;
- Document all decisions and communications regarding redundancy;
- Train managers and HR personnel on age discrimination law and best practices.
Tribunals will examine whether the selection process was applied consistently and fairly across all employees.
Consultation Requirements
Employers must consult with employees about redundancy, including:
- Explaining the reasons for redundancy;
- Discussing the selection criteria and how age was not a factor;
- Considering employee feedback and suggestions;
- Offering information on redeployment opportunities or alternative arrangements;
- Maintaining thorough records of the consultation process.
For collective redundancies, consultation must involve employee representatives or trade unions.
Employee Rights and Remedies
Employees have the right to:
- Be consulted and informed about redundancy;
- Request consideration for redeployment or adjustments;
- Challenge decisions that may involve age discrimination;
- Claim statutory redundancy pay if eligible;
- Bring claims for unfair dismissal or discrimination to an employment tribunal.
Early advice from a solicitor or trade union can improve the chances of a successful claim.
Key Takeaways
Redundancy must be conducted without regard to age, with objective, transparent selection criteria, proper consultation, and consideration of redeployment opportunities. Age discrimination can take the form of direct or indirect bias and may lead to claims for unfair dismissal or compensation. Employers should document decisions and train staff to ensure compliance with the Equality Act 2010 and Employment Rights Act 1996, while employees should be aware of their rights and remedies through employment tribunals.
