Alex is Sprintlaw’s co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
- What Counts As Redundancy (And Why Alternatives Matter)
Lawful Alternatives To Redundancy You Can Consider
- 1) Recruitment Freeze And Natural Attrition
- 2) Reduce Hours, Days Or Shifts
- 3) Temporary Pay Reductions Or Benefits Changes
- 4) Redeployment And Retraining
- 5) Job Sharing, Compressed Hours And Flexible Working
- 6) Sabbaticals, Unpaid Leave And Buying Leave
- 7) Secondments (Internal Or External)
- 8) Performance And Capability Management
- 9) Adjust Your Mix Of Contractors And Fixed-Term Roles
- 10) Cost Controls Outside Headcount
- How To Change Contracts Or Terms Lawfully
- When Redundancy Is Unavoidable, Do It Fairly
- Key Takeaways
If cash flow is tight or work has dropped off, redundancy can feel like the only route. But it’s not your only option - and for many small employers, looking at alternatives first can preserve skills, morale and brand reputation while still reducing costs.
In this guide, we’ll walk through practical, lawful alternatives to redundancy in the UK, what each option involves, and how to implement changes safely. We’ll also flag the legal guardrails you’ll need to observe, so you stay compliant and protect your business from day one.
What Counts As Redundancy (And Why Alternatives Matter)
Under UK law, a redundancy arises when you no longer need employees to do certain work of a particular kind, or you’re closing the business or workplace. Redundancy is a potentially fair reason for dismissal - but only if you follow a fair process and genuinely have reduced need for that work. If the role still exists and you’re seeking performance or conduct improvements, redundancy isn’t appropriate.
It’s good practice (and often a legal expectation) to consult affected staff about ways to avoid dismissal. That includes considering redeployment, reduced hours, or other cost-saving measures. Exploring alternatives first can help you:
- Retain valuable knowledge and customer relationships
- Avoid recruitment costs when demand returns
- Support employee wellbeing and engagement
- Reduce legal risk and potential claims of unfair dismissal
Before making any changes, make sure your approach aligns with core employment laws such as the Employment Rights Act 1996 (fair process and contractual rights), the Equality Act 2010 (no discrimination), National Minimum Wage rules, the Working Time Regulations 1998 and collective consultation duties (if proposing 20 or more redundancies at one establishment within 90 days).
Lawful Alternatives To Redundancy You Can Consider
Below are common alternatives used by UK employers. None are “one size fits all”, so think about a mix that suits your business model, customer commitments and team structure. In all cases, communicate early, consult properly and document consent where contractual changes are required.
1) Recruitment Freeze And Natural Attrition
Pausing new hires, not replacing leavers and reducing reliance on overtime are simple ways to trim costs without changing existing contracts. You can also halt agency usage and casual shifts first before touching core roles. The key is planning: map critical tasks and reallocate workloads fairly, with training where needed.
2) Reduce Hours, Days Or Shifts
Subject to consultation and consent, you can move full-time roles to part-time, reduce days per week, or implement job sharing. This is often more workable (and kinder to morale) than job cuts. Make sure any change is confirmed in writing and that pay doesn’t fall below the legal minimum. For a deeper dive on the legalities, see Reduce Working Hours.
Two statutory mechanisms that sometimes get mentioned are “lay-off” and “short-time working”. These only apply if you have an express contractual right or a well-established custom and practice:
- Lay-off: No work and no pay for a temporary period (with some statutory guarantee pay).
- Short-time working: A temporary reduction in hours so an employee’s pay falls below half a week’s pay.
Both are technical and carry risks if not clearly permitted by contract. Get tailored advice before relying on them.
3) Temporary Pay Reductions Or Benefits Changes
You can propose a temporary percentage pay cut, bonus pause, or benefits changes (e.g. company car, allowances) to protect jobs. This is a contractual variation, so you need the employee’s informed consent following consultation. Be transparent about the rationale, the proposed duration and the review point - and record agreement in writing.
Never drop pay below National Minimum Wage, and be careful with unilateral changes - they can amount to breach of contract or constructive dismissal. If you’re adjusting expense policies or deductions (for example, to recoup a season ticket loan), check the rules around authorised deductions to remain compliant.
4) Redeployment And Retraining
Redeployment protects roles by moving people into areas of continuing demand. Start by identifying “suitable alternative employment” - roles that are broadly compatible with the employee’s skills and terms, or that could be reached with reasonable training. Offer vacancies fairly (and in writing) and consider short, focused training to accelerate the move.
Where roles are changing significantly, provide a trial period and set clear objectives. Proper redeployment not only avoids redundancies but also builds resilience across your team.
5) Job Sharing, Compressed Hours And Flexible Working
Think creatively about work patterns. Two employees can share one full-time role, or your team can adopt compressed hours (e.g. four longer days) to reduce overtime costs. You can also set agreed overtime bans, adjust shift patterns, or reduce weekend premiums where contracts permit and after meaningful consultation.
6) Sabbaticals, Unpaid Leave And Buying Leave
Offering voluntary unpaid leave (or additional “purchased” annual leave) can give immediate payroll relief while respecting employee choice. You’ll need a clear, written agreement that covers duration, impact on benefits and how you’ll handle holiday accrual and continuity of service. Get across the rules around Unpaid Leave to ensure the arrangement is lawful and clearly documented.
7) Secondments (Internal Or External)
Secondments can temporarily move an employee to another team, group company or partner organisation that can fund the role during a downturn. A well-drafted Secondment Agreement should set expectations on supervision, pay, benefits, confidentiality, data protection and how the secondment ends.
8) Performance And Capability Management
Where the role hasn’t disappeared but performance is below the required standard, redundancy is the wrong route. Use a fair, structured process - for example, a Performance Improvement Plan (PIP) with clear targets, support and timeframes - rather than replacing the employee or citing redundancy. This keeps your process lawful and focused on capability, not headcount.
9) Adjust Your Mix Of Contractors And Fixed-Term Roles
If you have contractors or fixed-term employees supporting peaks in demand, consider ending engagements by notice or allowing fixed-term contracts to expire naturally (subject to fair process and any renewal expectations). If you’re weighing renewals or conversions, review your options and risk points under Fixed-Term Contracts so you take the correct path and avoid unfair dismissal risks.
10) Cost Controls Outside Headcount
Finally, don’t forget non-staff levers: renegotiate supplier contracts, defer non-essential projects, optimise subscriptions and software licences, and improve cash flow controls. These changes are often faster to implement than workforce reductions - and can add up to meaningful savings.
How To Change Contracts Or Terms Lawfully
Most alternatives to redundancy involve contractual changes - hours, pay, duties, location, benefits or patterns of work. Changing terms without consent is risky and can trigger grievances, constructive dismissal or unlawful deduction claims. A safe approach usually looks like this:
- Explain the business rationale and the changes you propose
- Consult genuinely, consider feedback and alternatives
- Seek written agreement (individual or collective) to any variation
- Confirm changes in writing and update your template Employment Contract for new starters
- Monitor and review at an agreed date
For the process end-to-end - including consultation, documenting consent and dealing with objections - see Changing Employment Contracts. If you’re issuing updated terms, make sure your contract documents are clear, up-to-date and reflect the changes in full.
A few extra guardrails to keep in mind:
- Don’t reduce pay below National Minimum Wage or contractually agreed rates without consent.
- Ensure employees still get statutory holiday entitlement and rest breaks under the Working Time Regulations 1998.
- Apply changes fairly and consistently to avoid discrimination under the Equality Act 2010.
- If you plan to impose changes as a last resort (dismiss and re-engage), get tailored legal advice - it’s a high-risk strategy attracting regulatory scrutiny.
Process Tips: Consult, Document And Avoid Discrimination
Even when you’re avoiding redundancies, your process needs to be fair and well-documented. This protects both your people and your legal position.
Consultation That Actually Works
- Start early: Share your business challenge (drop in revenue, loss of a contract, seasonality) and your objectives (job protection, cost reduction).
- Be specific: Outline the alternatives you’re considering and invite ideas from staff - you may uncover creative, workable solutions.
- Listen and adapt: If employees suggest variations (e.g. different shift patterns, trial periods), weigh them seriously and give reasons if you decide against them.
- Confirm in writing: Record what you’ve proposed, feedback received, and the agreed outcome.
Equality, Fairness And Transparency
- Apply objective criteria: If you’re selecting who moves to reduced hours or redeployment, use evidence-based, non-discriminatory criteria and document decisions.
- Watch for indirect discrimination: Seemingly neutral rules (e.g. only full-time staff offered training) can disadvantage protected groups. Consider reasonable adjustments.
- Ensure parity: Part-time and fixed-term workers must not be treated less favourably without objective justification.
Keep An Audit Trail
- Save meeting notes, emails and signed agreements for each employee.
- Update payroll instructions and HR systems promptly to reflect new terms.
- Schedule review dates to assess whether the measures are still needed.
When Redundancy Is Unavoidable, Do It Fairly
Sometimes, despite best efforts, redundancies are the only sustainable option. If you reach that point, follow a fair process: consult meaningfully, apply objective selection criteria, consider suitable alternative employment, pay statutory or contractual redundancy pay as applicable, and provide notice or pay in lieu.
For planning and running a compliant process - including selection pools, individual vs collective consultation, HR1 requirements (for 20+ proposed redundancies), suitable alternative roles and payments - our Redundancy Advice service can support you through each stage.
If you need to bring employment to an end for other reasons (conduct or capability), use a fair disciplinary or capability process and follow the appropriate notice, evidence and appeal steps. For a checklist of what “fair” looks like in practice, see Ending An Employment Contract.
Also note that redundancy and severance aren’t the same. Statutory redundancy pay is due where the legal criteria are met; “severance” usually refers to additional ex gratia sums offered as part of a settlement. If you’re considering settlement discussions, get advice early to avoid inadvertent admissions and to structure the agreement properly.
Key Takeaways
- Redundancy should be a last resort - consult staff and genuinely explore alternatives like reduced hours, redeployment, sabbaticals, secondments and job sharing first.
- Any change to pay, hours or benefits is a contractual variation and generally requires informed, written consent. Use a clear process and update the Employment Contract for future hires.
- Keep within the law: protect against discrimination (Equality Act 2010), maintain minimum wage and Working Time rights, and document decisions carefully.
- Be creative and transparent: freezes on hiring, natural attrition, cutting overtime and non-staff savings can relieve pressure without losing people.
- If redundancies become unavoidable, follow a fair, well-documented process and consider getting Redundancy Advice to manage risk and meet your obligations.
If you’d like help assessing alternatives to redundancy, drafting the right agreements or running a fair process, you can reach us at 08081347754 or team@sprintlaw.co.uk for a free, no-obligations chat.

