Redundancy: your rights
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1. Overview
Redundancy is a form of dismissal from your job. It happens when employers need to reduce their workforce.
If you鈥檙e being made redundant, you might be eligible for certain things, including:
- redundancy pay
- a notice period
- a consultation with your employer
- the option to move into a different job
- time off to find a new job
You also have specific rights if your employer is insolvent.
You must be selected for redundancy in a fair way, for example because of your level of experience or capability to do the job.
You cannot be selected because of age, gender, or if you鈥檙e disabled or pregnant. If you are, this could be classed as an unfair dismissal.
Get advice
You can get advice on redundancy from or .
2. Being selected for redundancy
Your employer should use a fair and objective way of selecting you for redundancy.
Commonly used methods are:
- last in, first out (employees with the shortest length of service are selected first)
- asking for volunteers (self-selection)
- disciplinary records
- staff appraisal markings, skills, qualifications and experience
Your employer can make you redundant without having to follow a selection process if your job no longer exists, for example if:
- your employer is closing down a whole operation in a company and making all the employees working in it redundant
- you鈥檙e the only employee in your part of the organisation
Your employer may offer you a different role if one is available.
If your employer uses 鈥榣ast in, first out鈥�, make sure it鈥檚 not discrimination, for example if it means only young people are made redundant.
Reapplying for your own job
You might be asked to reapply for your own job, which could help your employer decide who to select.
If you do not apply or you鈥檙e unsuccessful in your application, you鈥檒l still have a job until your employer makes you redundant.
Unfair selection
You cannot be selected for the following reasons - your redundancy would be classed as an unfair dismissal:
- sex
- gender reassignment
- marital status
- sexual orientation
- race
- disability
- religion or belief
- age
- your membership or non-membership of a trade union
- health and safety activities
- working pattern, for example part-time or fixed-term employees
- maternity leave, birth or pregnancy
- paternity leave, parental or dependants leave
- you鈥檙e exercising your statutory rights
- whistleblowing, for example making disclosures about your employer鈥檚 wrongdoing
- taking part in lawful industrial action lasting 12 weeks or less
- taking action on health and safety grounds
- doing jury service
- you鈥檙e the trustee of a company pension scheme
Appealing the decision
You can appeal if you feel that you鈥檝e been unfairly selected. Write to your employer explaining the reasons.
You may be able to make a claim to an employment tribunal for unfair dismissal.
Voluntary redundancy
It鈥檚 up to your employer whether they actually select you if you volunteer for redundancy.
Your employer cannot just offer voluntary redundancy to age groups eligible for an early retirement package - this could be unlawful age discrimination.
However, an early retirement package (for certain age groups) could be one element of a voluntary redundancy offer open to all employees.
Apprentices
Talk to your manager and training provider if you鈥檙e an apprentice and you鈥檙e worried about being made redundant.
Your training provider or the Apprenticeship service might be able to help you find another employer to help you complete your apprenticeship.
3. Statutory redundancy pay
You鈥檒l normally be entitled to statutory redundancy pay if you鈥檙e an employee and you鈥檝e been working for your current employer for 2 years or more.
You鈥檒l get:
- half a week鈥檚 pay for each full year you were under 22
- one week鈥檚 pay for each full year you were 22 or older, but under 41
- one and half week鈥檚 pay for each full year you were 41 or older
Length of service is capped at 20 years.
Your weekly pay is the average you earned per week over the 12 weeks before the day you got your redundancy notice.
If you were paid less than usual because you were 鈥榦n furlough鈥� because of coronavirus, your statutory redundancy pay is based on what you would have earned normally.
If you were made redundant on or after 6 April 2024, your weekly pay is capped at 拢700 and the maximum statutory redundancy pay you can get is 拢21,000. If you were made redundant before 6 April 2024, these amounts will be lower.
Calculate your redundancy pay.
Exceptions
You鈥檙e not entitled to statutory redundancy pay if:
- your employer offers to keep you on
- your employer offers you suitable alternative work which you refuse without good reason
Being dismissed for misconduct does not count as redundancy, so you would not get statutory redundancy pay if this happened.
You鈥檙e not entitled to statutory redundancy pay if you fall into one or more of the following categories:
- former registered dock workers (covered by other arrangements) and share fishermen
- crown servants, members of the armed forces or police services
- apprentices who are not employees at the end of their training
- a domestic servant who is a member of the employer鈥檚 immediate family
Short-term and temporary lay-offs
You can claim statutory redundancy pay if you鈥檙e eligible and you鈥檝e been temporarily laid off (without pay or less than half a week鈥檚 pay) for either:
- more than 4 weeks in a row
- more than 6 non-consecutive weeks in a 13 week period
Write to your employer telling them you intend to claim statutory redundancy pay. This must be done within 4 weeks of your last non-working day in the 4 or 6 week period.
If your employer does not reject your claim within 7 days of receiving it, write to your employer again giving them your notice.
Your claim could be rejected if your normal work is likely to start within 4 weeks and continue for at least 13 weeks.
4. Tax and National Insurance
If you鈥檙e made redundant, you may get a 鈥榯ermination payment鈥�. This could include:
- statutory redundancy pay
- holiday pay
- unpaid wages
- company benefits, for example bonuses
Statutory redundancy pay under 拢30,000 is not taxable.
What you鈥檒l pay tax and National Insurance on depends on what鈥檚 included in your termination payment.
5. Notice periods
You must be given a notice period before your employment ends.
The statutory redundancy notice periods are:
- at least one week鈥檚 notice if employed between one month and 2 years
- one week鈥檚 notice for each year if employed between 2 and 12 years
- 12 weeks鈥� notice if employed for 12 years or more
Check your contract. Your employer may give you more than the statutory minimum, but they cannot give you less.
Notice pay
As well as statutory redundancy pay, your employer should either:
- pay you through your notice period
- pay you in lieu of notice depending on your circumstances
Your notice pay is based on the average you earned per week over the 12 weeks before your notice period starts.
If you were paid less than usual because you were 鈥榦n furlough鈥� because of coronavirus, your notice pay is based on what you would have earned normally.
Payment in lieu of notice
Your employment can be ended without notice if 鈥榩ayment in lieu of notice鈥� is included in your contract. Your employer will pay you instead of giving you a notice period.
You get all of the basic pay you would鈥檝e received during the notice period. You may get extras such as pension contributions or private health care insurance if they鈥檙e in your contract.
Your employer may still offer you payment in lieu of notice, even if your contract does not mention it. If you accept, you should receive full pay and any extras that are in your contract.
6. Consultation
You鈥檙e entitled to a consultation with your employer if you鈥檙e being made redundant. This involves speaking to them about:
- why you鈥檙e being made redundant
- any alternatives to redundancy
If your employer is making up to 19 redundancies, there are no rules about how they should carry out the consultation. If they鈥檙e making 20 or more redundancies at the same time, the collective redundancy rules apply.
You can make a claim to an employment tribunal if your employer does not consult properly, for example if they start late, or do not consult at all.
Collective redundancy rules
If your employer is making 20 or more employees redundant at the same time, the consultation should take place between your employer and a representative (rep).
This will either be:
- a trade union rep (if you鈥檙e represented by a trade union)
- an elected employee rep (if you鈥檙e not represented by a trade union, or if your employer does not recognise your trade union)
Collective consultations must cover:
- ways to avoid redundancies
- the reasons for redundancies
- how to keep the number of dismissals to a minimum
- how to limit the effects for employees involved, for example by offering retraining
Your employer must also meet certain legal requirements for collective consultations.
Length of consultation
There鈥檚 no time limit for how long the period of consultation should be, but the minimum is:
- 20 to 99 redundancies - the consultation must start at least 30 days before any dismissals take effect
- 100 or more redundancies - the consultation must start at least 45 days before any dismissals take effect
Electing employee reps
If you鈥檙e an employee affected by the proposed redundancies you can:
- stand for election as an employee rep
- vote for other reps
Fixed-term contract employees
Your employer does not need to include you in collective consultation if you鈥檙e employed under a fixed-term contract, except if they鈥檙e ending your contract early because of redundancy.
7. Suitable alternative employment
Your employer might offer you 鈥榮uitable alternative employment鈥� within your organisation or an associated company.
They must offer you a suitable alternative job (if one is available) if you鈥檙e on, or have recently taken, maternity leave or other types of parental leave.
Whether a job is suitable depends on:
- how similar the work is to your current job
- the terms of the job being offered
- your skills, abilities and circumstances in relation to the job
- the pay (including benefits), status, hours and location
Your redundancy could be an unfair dismissal if your employer has suitable alternative employment and they do not offer it to you.
Refusing an offer
You may lose your right to statutory redundancy pay if you unreasonably turn down suitable alternative employment.
You can make a claim to an employment tribunal if you think the job you鈥檝e been offered is not suitable.
Trial periods
You have the right to a 4-week trial period for any alternative employment you鈥檙e offered.
The 4-week period could be extended if you need training. Any extension must be agreed in writing before the trial period starts.
Tell your employer during the trial period if you decide the new job is not suitable. This will not affect your employment rights, including your right to statutory redundancy pay.
You鈥檒l lose your right to claim statutory redundancy pay if you do not give notice within the 4-week trial period.
Time off for job hunting
If you鈥檝e been continuously employed for 2 years by the date your notice period ends, you鈥檙e allowed a reasonable amount of time off to:
- look for another job
- arrange training to help you find another job
How long you can take will depend on your circumstances.
No matter how much time you take off to look for another job, the most your employer has to pay you is 40% of one week鈥檚 pay.
Example
You work 5 days a week and you take 4 days off in total during the whole notice period - your employer only has to pay you for the first 2 days.
8. Get help finding a new job
You can get help from the Jobcentre Plus Rapid Response Service to:
- write CVs and find jobs
- find information on benefits
- find the right training and learn new skills
- organise work trials (if you鈥檙e eligible)
- get any extra help at work if you鈥檙e disabled, for example Access to Work
You may also be able to get help with costs, such as:
- travel to work expenses
- childcare
- tools or equipment
- vocational training - you must be in your notice period to be considered
There鈥檚 a and a .
Get in touch
You can contact the Rapid Response Service:
- if you suspect you鈥檙e going to be made redundant
- during your notice period
- up to 13 weeks after you鈥檝e been made redundant
Rapid Response Service
[email protected]
Further information and support
You can read more about finding a job, how your pension might be affected, and what benefits you could get.