Workplace Advisory & Compliance

Genuine redundancy: consultation, redeployment and documentation risks

Genuine redundancy is an area of sustained tribunal and regulator scrutiny. This briefing outlines the consultation, redeployment assessment and documentation practices that help employers meet their obligations.

By the AWS Editorial Team
HR leader reviewing organisational design and redeployment options

Key points

  • Genuine redundancy is a sustained area of tribunal and regulator scrutiny.
  • Consultation should occur at the right point, with the right people and clear records.
  • Redeployment assessment should be evidenced, not assumed.
  • Communicate with affected employees and the broader workforce in a planned sequence.
  • Document the business case, options considered and the reasoning behind final decisions.

Genuine redundancy is an area of sustained tribunal and regulator scrutiny. This briefing outlines the consultation, redeployment assessment and documentation practices that help employers meet their obligations.

This briefing forms part of the Workplace Advisory & Compliance stream in the AWS Information Centre. It focuses on practical, employer-facing guidance — not legal advice — and is written for HR, safety, risk and executive readers responsible for managing workplace issues.

Redundancy planning and the business case

A documented business case — operational drivers, options considered, financial position — is the foundation for everything that follows.

The business case should be capable of being explained to affected employees in plain language. A case that cannot be explained tends not to survive consultation or later scrutiny intact.

Consultation: when, who and how

Consultation should occur at the right point, with the right people, in a way that allows feedback to genuinely influence decisions.

Consultation that is announced rather than entered into — where the decision is already settled and the conversation is about implementation — is a recurring source of dispute. Genuine consultation requires the conversation to be capable of changing the outcome.

Redeployment assessment and suitable alternative roles

Redeployment assessment should be evidenced — roles considered, criteria for suitability, outcome for each affected employee — not assumed.

Suitable-alternative analysis should also consider modified arrangements: part-time, hybrid, location flexibility, role restructure. Limiting the analysis to direct replacement is rarely sufficient.

Role design and workforce alternatives

Role design and workforce alternatives should be considered before final decisions, with the reasoning captured for each option.

Workforce alternatives may include voluntary arrangements, deferred timing, partial workforce reductions or transitional support. Where alternatives are considered and not adopted, the reasoning should be recorded.

Communication with affected employees and the broader workforce

Communication should follow a planned sequence and be calibrated to the seriousness of the message.

Sequencing should ensure affected employees hear directly before others. Where this sequencing is not protected, trust in the organisation's handling of the program — and in subsequent change programs — is materially damaged.

Record keeping and decision documentation

Records should include the business case, consultation, redeployment assessment, role comparisons, meeting notes and the reasoning for final decisions.

A single coherent file supports both later assurance and learning for subsequent programs. Programs whose records are scattered across teams are more difficult to defend and harder to learn from.

What employers should review

  • Genuine redundancy is a sustained area of tribunal and regulator scrutiny.
  • Consultation should occur at the right point, with the right people and clear records.
  • Redeployment assessment should be evidenced, not assumed.
  • Communicate with affected employees and the broader workforce in a planned sequence.
  • Document the business case, options considered and the reasoning behind final decisions.

Frequently asked questions

What makes a redundancy genuine?
A redundancy is generally genuine where an employer no longer requires the job to be performed by anyone because of operational changes, and has met consultation and redeployment obligations. Each matter depends on its facts.
How far must an employer go to find redeployment options?
Employers should assess suitable alternative roles within the organisation and associated entities. The scope of that search and the criteria for suitability depend on the circumstances and applicable instruments.
What records should be kept?
Business case, consultation records, redeployment assessment, role comparisons, meeting notes, correspondence and the reasoning for final decisions. AWS helps employers structure and maintain these records.

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