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Redundancy is the most emotionally and legally complex process in HR. This guide gives HR professionals and business leaders a rigorous framework for every stage of the process.
Ten parts covering: the legal definition of genuine redundancy, jurisdiction-specific requirements, planning and the business case, selection pools and scoring, individual and collective consultation obligations, notification conversations, statutory pay and benefits across all five jurisdictions (IE, UK, US, CA, AU), alternatives to redundancy, post-RIF obligations, and special circumstances (pregnancy, protected disclosures, senior leaders). Includes at-risk letter template, redundancy confirmation letter, and consultation record. Australia added throughout.
FAQS
Q What makes a redundancy legally 'genuine'?
A genuine redundancy requires that the employer's need for work of that particular kind has actually reduced or ceased — because the role no longer exists, the business or location is closing, or a restructuring means the position no longer exists in its current form. Redundancy is not genuine where it targets a specific individual for performance reasons, where the role is eliminated only to be recreated in substantially the same form shortly after, or where the selection process was designed to reach a predetermined outcome.
Q What collective consultation thresholds trigger enhanced obligations?
Ireland: 5+ redundancies in 30 days. UK: 20–99 requires 30 days minimum; 100+ requires 45 days plus notification to the Secretary of State. US (WARN Act): 50+ employees at one site where 100+ are employed — 60 days' advance notice required. Canada: 50+ employees within 4 weeks under the Canada Labour Code. Australia: consultation obligations arise under applicable Modern Awards, Enterprise Agreements, and the NES.
Q What statutory redundancy pay applies in each jurisdiction?
Ireland: 2 weeks' pay per year of service (after 2 years) plus 1 bonus week, capped at €1,422/week (2025). UK: up to 1.5 weeks' pay per year, capped at £643/week (2025). US: no federal statutory redundancy pay — WARN Act provides notice, not compensation; state laws vary. Canada: no federal statutory severance but Ontario provides up to 26 weeks for large employer employees; provincial rules vary significantly. Australia: NES redundancy pay ranges from 4 to 16 weeks based on years of service; small business exemption applies under 15 employees.
Q Why does the guide specifically cover Australia?
Australia has unique redundancy requirements that are often missing from multi-jurisdiction HR guides. Under the Fair Work Act 2009, a redundancy is only 'genuine' if redeployment was not reasonably available — if a suitable alternative role existed and was not offered, the employee may bring an unfair dismissal application regardless of the business rationale. This makes the redeployment assessment particularly important for Australian employees and is explicitly covered in this guide.
Redundancy is the most emotionally and legally complex process in HR. This guide gives HR professionals and business leaders a rigorous framework for every stage of the process.
Ten parts covering: the legal definition of genuine redundancy, jurisdiction-specific requirements, planning and the business case, selection pools and scoring, individual and collective consultation obligations, notification conversations, statutory pay and benefits across all five jurisdictions (IE, UK, US, CA, AU), alternatives to redundancy, post-RIF obligations, and special circumstances (pregnancy, protected disclosures, senior leaders). Includes at-risk letter template, redundancy confirmation letter, and consultation record. Australia added throughout.
FAQS
Q What makes a redundancy legally 'genuine'?
A genuine redundancy requires that the employer's need for work of that particular kind has actually reduced or ceased — because the role no longer exists, the business or location is closing, or a restructuring means the position no longer exists in its current form. Redundancy is not genuine where it targets a specific individual for performance reasons, where the role is eliminated only to be recreated in substantially the same form shortly after, or where the selection process was designed to reach a predetermined outcome.
Q What collective consultation thresholds trigger enhanced obligations?
Ireland: 5+ redundancies in 30 days. UK: 20–99 requires 30 days minimum; 100+ requires 45 days plus notification to the Secretary of State. US (WARN Act): 50+ employees at one site where 100+ are employed — 60 days' advance notice required. Canada: 50+ employees within 4 weeks under the Canada Labour Code. Australia: consultation obligations arise under applicable Modern Awards, Enterprise Agreements, and the NES.
Q What statutory redundancy pay applies in each jurisdiction?
Ireland: 2 weeks' pay per year of service (after 2 years) plus 1 bonus week, capped at €1,422/week (2025). UK: up to 1.5 weeks' pay per year, capped at £643/week (2025). US: no federal statutory redundancy pay — WARN Act provides notice, not compensation; state laws vary. Canada: no federal statutory severance but Ontario provides up to 26 weeks for large employer employees; provincial rules vary significantly. Australia: NES redundancy pay ranges from 4 to 16 weeks based on years of service; small business exemption applies under 15 employees.
Q Why does the guide specifically cover Australia?
Australia has unique redundancy requirements that are often missing from multi-jurisdiction HR guides. Under the Fair Work Act 2009, a redundancy is only 'genuine' if redeployment was not reasonably available — if a suitable alternative role existed and was not offered, the employee may bring an unfair dismissal application regardless of the business rationale. This makes the redeployment assessment particularly important for Australian employees and is explicitly covered in this guide.
