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 comprehensive guide to redundancy and disability rights in England and Wales, covering fair selection, reasonable adjustments, consultation duties, redeployment options, tribunal claims, and remedies for discrimination and unfair dismissal.
In England and Wales, employees with disabilities have specific protections under the Equality Act 2010 when facing redundancy. While employers can lawfully make roles redundant, dismissing an employee because of their disability, or failing to make reasonable adjustments to accommodate it, may constitute unlawful discrimination. Understanding these protections is essential for both employers and employees to ensure redundancy processes are fair, legally compliant, and defensible.
Legal Framework
Key legal provisions include:
- Employment Rights Act 1996 – outlines statutory redundancy pay, notice periods, and protection against unfair dismissal;
- Equality Act 2010 – prohibits discrimination based on disability, including during selection for redundancy;
- Acas Code of Practice on Redundancy – provides guidance on fair procedures, consultation, and consideration of alternatives;
- Disability Discrimination Regulations – require employers to make reasonable adjustments for disabled employees.
Tribunals assess whether redundancies are genuine, selection criteria are fair, and reasonable adjustments were considered for disabled employees.
Redundancy Rights for Employees with Disabilities
Employees with a disability are entitled to:
- Fair selection – selection criteria must not disadvantage disabled employees, either directly or indirectly;
- Reasonable adjustments – employers must consider adjustments to allow continued employment, such as modified duties, flexible hours, or alternative roles;
- Consultation – disabled employees must be fully consulted about redundancy proposals and options;
- Redeployment opportunities – suitable alternative positions must be offered before dismissal.
Reasonable Adjustments
Reasonable adjustments aim to remove barriers caused by the disability. In redundancy contexts, this may include:
- Altering job duties to suit the employee's capabilities;
- Offering retraining or relocation within the organisation;
- Adjusting selection criteria to account for disability-related absence;
- Providing assistive technologies or support to enable continued work.
Failure to implement reasonable adjustments can lead to discrimination claims.
Fair Selection for Redundancy
When selecting employees, employers must ensure that criteria:
- Are objective and transparent;
- Do not disproportionately impact disabled employees;
- Consider absence due to disability separately from performance or attendance;
- Are documented to demonstrate fairness and compliance.
Discriminatory selection or ignoring reasonable adjustments may result in employment tribunal claims for unfair dismissal and disability discrimination.
Consultation Requirements
Employers must engage in meaningful consultation, which involves:
- Explaining the reasons for redundancy;
- Discussing how disability might affect selection and redeployment;
- Considering the employee's suggestions and preferences;
- Documenting all discussions and decisions.
For collective redundancies, consultation obligations are heightened and must include employee representatives or trade unions.
Risks of Unlawful Redundancy
Employers face several risks if disabled employees are unfairly selected for redundancy:
- Automatic unfair dismissal – dismissals connected to disability may be deemed automatically unfair;
- Discrimination claims – failure to make reasonable adjustments or discriminatory selection criteria breach the Equality Act 2010;
- Compensation – tribunals can award loss of earnings, injury to feelings, and protective awards in collective redundancy cases.
Employees can challenge redundancy decisions through an employment tribunal, often requiring evidence of selection procedures, consultation records, and adjustment considerations.
Practical Guidance for Employers
Employers should:
- Apply objective, transparent selection criteria;
- Identify and implement reasonable adjustments for disabled employees;
- Consider redeployment options before dismissal;
- Maintain detailed records of consultations, decisions, and adjustments;
- Train HR and management teams on disability rights and discrimination law.
These measures ensure compliance and reduce the risk of tribunal claims.
Employee Rights and Remedies
Employees with disabilities should:
- Engage fully in redundancy consultations;
- Request reasonable adjustments or alternative roles;
- Challenge decisions they believe are discriminatory;
- Seek legal advice or union support to file claims for unfair dismissal or discrimination;
- Understand statutory redundancy pay entitlements.
Key Takeaways
Redundancy involving disabled employees requires careful adherence to legal protections under the Equality Act 2010 and Employment Rights Act 1996. Employers must apply fair selection criteria, consider reasonable adjustments, offer suitable alternative roles, and conduct proper consultation. Employees have the right to challenge discriminatory or unfair redundancy decisions through employment tribunals, seeking remedies including compensation and reinstatement. Proper planning and documentation safeguard both employee rights and employer compliance.
