Can I be made redundant if my job still exists?

Being told you’re at risk of redundancy, then being shown charts and figures to justify it - or receiving no explanation at all, as often happens - can be confusing and distressing.

There is every chance this could happen, to any employee, at any level, in any sector, at any time.

A third of employers (33%) are likely to make staff redundancies by January 2027, driven by economic pressures and incoming legislative changes, according to a study by ACAS (1) [cited 1.49.26]

The study asked businesses about their redundancy plans between February 2026 and January 2027. it revealed that 46% of large businesses are likely to make redundancies and 1 in 5 (21%) small and medium-sized businesses said that were likely to do so over the same period.

The threat of redundancy can be one of the most unsettling and worrying situations any employee faces (2)[cited 14.9.26].

But what if the work you do hasn’t gone away? What if someone else is still doing it? What if your employer is even advertising a role that looks suspiciously like yours?

If the work is still there, or the role is simply being repackaged as can happen, then things can get a bit complicated, and even unfair.

Here, we take a look at what you need to know, and what you should do, if you’re told your job is being made redundant even though it still exists.

What is a “genuine redundancy situation”?

A redundancy is only legal and fair if it fits one of the legal definitions in the Employment Rights Act 1996 (3) [cited 14.9.26]  :

• The business is closing.
• The workplace is closing.
• The employer needs fewer people to do work of a particular kind. 

That’s it. Redundancy is about the role, not the person. If the job still exists, or the work is still needed, the redundancy is unlikely to be genuine and fair.

Can I be told I’m “at risk” even if my job still exists?

Yes, you can, and this is where things get confusing if you’ve not been in this situation previously.

There are situations where your job technically exists, but your employer still puts you “at risk” of redundancy. For example:

• The company is restructuring and your role is being merged with others.
• Your job is being moved into a new team.
• Your duties are being redistributed.
• Your employer says the “requirements of the business have changed” even though your work hasn’t disappeared.

The redundancy process can be used to reshape teams and entire departments, even when the work is still there.

It’s really important to note, being informed you’re “at risk” doesn’t mean your redundancy is confirmed. It just means your employer has started the process.

What if my job still exists and I’m made redundant?

The redundancy may not be genuine. And if it isn’t, and you’re made redundant anyway, it can amount to an unfair dismissal, depending on your length of service (4) [cited 14.9.26]. The test is:

• Whether the work is still being done.
• Whether someone else is doing the same job.
• Whether the role has simply been renamed.
• Whether the employer actually needed fewer people to do that work. 

A redundancy cannot be used to remove you from your role if your job hasn’t gone. That’s not a legitimate redundancy and that’s something else dressed up as redundancy.

How can I actually tell or find out whether my role still exists in a redundancy situation?

If you’re unsure whether your role still exists, start by looking at the redundancy proposal. If it lacks details and key information, as they often can, ask questions and request information. You’re entitled to do so and should not be afraid to do so, given what is at stake.

You want to know going forward: what will happen day‑to‑day? Is the work still being done? Has someone else picked up your tasks? Is your employer advertising a role that looks like yours, or has your job simply been given a new title?

You can also ask your employer directly for the business case, the new structure chart, and an explanation of how your duties will disappear. When you put all of that together, you’ll usually get a clear picture of whether your job has genuinely gone, or whether it’s still there in everything but name.

What if my role is “being made redundant” but a new role looks exactly the same?

This can often happen, and in fact is extremely common. Employers sometimes create a “new structure” and claim your role no longer exists, but the new role:

• Has the same duties
• Has the same purpose
• Has the same workload
• And sometimes even has the same job description.

If the new role is essentially your job with a different title, it is what is generally known as a “sham redundancy”, where your employer says the job has gone, but in reality it hasn’t (5) [cited 14.9.26] . The work is still there. It’s just being repackaged.

If the new role is substantially the same, you may have a right to be offered it as suitable alternative employment. Your employer must offer suitable alternatives rather than making you redundant. 

If they don’t, the dismissal may be unfair.

What if some of my duties are no longer needed, but others still are?

Sometimes an employer may say your role is redundant because certain tasks are no longer required, even though other parts of your job are still needed. This can be a grey area, but the principle is fairly straightforward because redundancy is only genuine if the overall need for employees to do your type of work has reduced.

If an employer still needs the same amount of work done and your remaining duties are simply being redistributed to others, the redundancy may not be genuine.

So what should I do if my job exists and I’m told I’m being made redundant?

1. Ask for the business reason

You should request an explanation as to why your role is no longer needed. And ask for it to be provided in writing.

2. Ask for the evidence

You can ask for:

• The new structure chart
• The business case
• The consultation notes
• Any documents showing the work has reduced

3. Ask whether the work is still being done

If it is, ask who is doing it and why.

4. Ask about suitable alternative roles

If a new role looks like your job, ask why it wasn’t offered to you.

5. Challenge the fairness of the process

If the redundancy doesn’t look genuine, say so. You don’t need legal jargon. Just be clear.

6. Raise a grievance if needed

If you believe the redundancy is unfair, discriminatory, or a sham, you can raise a grievance (6) [cited 14.9.26]

7. Seek advice

You can contact our Employee Support Centre, ACAS, Citizens Advice, and employment solicitors can help you understand your rights.

FAQs

Can I be made redundant if my job still exists?

You shouldn’t be, but it can happen, and it’s unlikely to be fair or lawful. In most cases, you cannot be made redundant if your exact job role still exists, because redundancy only applies when your role is genuinely no longer needed.

Is it legal to rename my job and make me redundant?

Not if the new job is essentially the same. That may be unfair.

What if my duties are still needed?

If the work continues, the redundancy may not be genuine.

Can I challenge a redundancy?

Yes. You can challenge the business reason, the process, and the fairness.

Finally

Redundancy is supposed to be about the job disappearing and not the person. If your job still exists, or the work is still being done, or the role has simply been renamed, you have every right to question it.

A genuine redundancy must be backed by a real business reason and a fair process. If those things are missing, the dismissal may be unfair.

Stay calm. Stay curious. Ask questions. And remember that clarity is your best protection.