Redundancy Explained: What Employers Get Wrong

3rd August 2026

Employment law, Newbury, Berkshire.

Chris Sutton talks to Simon Fenton about what actually makes a role redundant, the two stage process employers must follow to keep it fair, and where things commonly go wrong, from reorganisations that blur the lines, to long term sickness absence, to the classic mistake of making someone redundant and then quietly replacing them.

Redundancy is one of the most common (and most misunderstood) words in employment law. 

In this episode of "A Moment With...", Chris Sutton talks to Simon Fenton about what actually makes a role redundant, the two stage process employers must follow to keep it fair, and where things commonly go wrong, from reorganisations that blur the lines, to long term sickness absence, to the classic mistake of making someone redundant and then quietly replacing them.

Simon also shares a real example of a redundancy handled badly, and explains why getting advice at the start of the process (rather than after a challenge lands) makes all the difference.

Topics covered:

  • What actually makes a role redundant
  • The two stage redundancy process
  • Collective consultation for 20+ redundancies
  • Redundancy and long term sickness absence
  • How employees can challenge a redundancy process
  • Why early advice prevents costly mistakes

If you're an employer thinking through a potential redundancy, or you're not sure whether your situation qualifies, we're here to help.

Watch the latest video above or listen on:

A Moment With... Fenton Elliott. The business and family law podcast on Spotify A Moment With... Fenton Elliott. The business and family law podcast on Apple Podcasts A Moment With... Fenton Elliott. The business and family law podcast on Amazon Music A Moment With... Fenton Elliott. The business and family law podcast on YouTube

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