Must employers give employees the right to appeal against a decision to make them redundant?

There is no statutory obligation on an employer to offer employees the right to appeal a redundancy, however it is good practice to do so. As a minimum, the employer should ensure that the employee has the opportunity to challenge the decision to select them for redundancy during the individual consultation process.

In Gwynedd Council v Barratt and another [2021] EWCA Civ 1322 CA, the Court of Appeal held that the absence of an appeal is one of many factors to consider in determining the overall fairness of a dismissal. That case featured a lack of consultation as well as the absence of an appeal.