UK Redundancy Guide: Your Rights When Made Redundant in the United Kingdom
If you've been made redundant in the United Kingdom, you have significant legal protections. UK employment law provides stronger worker protections than many countries, including statutory redundancy pay, minimum notice periods, and the right to challenge unfair dismissal. This guide explains your rights.
Important Note: This guide provides general information about UK redundancy law. It is not legal advice. For specific situations, consult with a UK employment solicitor or contact ACAS.
Understanding Redundancy in the UK
What is Redundancy?
Redundancy occurs when:
- The employer closes the business
- The workplace closes
- The need for employees to do particular work has reduced or ended
Redundancy is not the same as being dismissed for performance or conduct reasons.
Your Rights Overview
| Right | Requirement |
|---|---|
| Statutory Redundancy Pay | 2+ years continuous service |
| Minimum Notice | 1+ week (varies by service) |
| Consultation | Required for all redundancies |
| Time Off for Job Hunting | Reasonable paid time |
| Written Reasons | If requested, 2+ years service |
Statutory Redundancy Pay
Who Qualifies
You're entitled to statutory redundancy pay if you:
- Have worked for your employer for 2+ years continuously
- Are an employee (not self-employed/contractor)
- Are being made genuinely redundant
How It's Calculated
Statutory redundancy pay is based on:
- Your age
- Length of continuous service (up to 20 years)
- Weekly pay (capped at £700 as of 2024)
The Formula:
- Half a week's pay for each full year under age 22
- One week's pay for each full year aged 22-40
- One and a half week's pay for each full year aged 41+
Maximum: 20 years of service counts
Example Calculation
Employee aged 45, 10 years service, earning £800/week:
- 5 years (age 35-40): 5 × £700 = £3,500
- 5 years (age 40-45): 5 × £700 × 1.5 = £5,250
- Total Statutory Pay: £8,750
(Note: Weekly pay capped at £700)
Use the Gov.uk Calculator
The government provides an official calculator at gov.uk to calculate your exact entitlement.
Notice Periods
Statutory Minimum Notice
Your employer must give you at least:
| Service Length | Minimum Notice |
|---|---|
| 1 month - 2 years | 1 week |
| 2 - 12 years | 1 week per year |
| 12+ years | 12 weeks |
Contractual Notice
Your contract may provide longer notice than the statutory minimum. You're entitled to whichever is longer.
Pay in Lieu of Notice (PILON)
Employers can pay you instead of having you work your notice. Check your contract for PILON clauses.
Consultation Requirements
Individual Consultation
For any redundancy, employers must:
- Consult with you individually
- Explain why redundancy is necessary
- Consider alternatives (redeployment, reduced hours)
- Apply fair selection criteria
- Give you opportunity to respond
Collective Consultation
For 20+ redundancies at one establishment within 90 days:
| Number | Minimum Consultation Period |
|---|---|
| 20-99 redundancies | 30 days before first dismissal |
| 100+ redundancies | 45 days before first dismissal |
Employers must:
- Consult with trade union or employee representatives
- Notify the Redundancy Payments Service
- Provide specific information in writing
Selection Criteria
Fair Selection
Employers must use fair, objective criteria such as:
- Skills and qualifications
- Performance records
- Attendance (excluding protected absences)
- Length of service
- Disciplinary record
Unfair Selection
It's automatically unfair to select based on:
- Pregnancy or maternity leave
- Trade union membership/activities
- Part-time or fixed-term status
- Whistleblowing
- Asserting statutory rights
- Health and safety activities
Unfair Dismissal
What Makes Redundancy Unfair
Your redundancy may be unfair if:
- There was no genuine redundancy situation
- Selection was discriminatory or unfair
- Consultation was inadequate
- No consideration of alternative employment
- Selection criteria were unreasonable
Bringing a Claim
To claim unfair dismissal:
- Must have 2+ years continuous service (usually)
- File with Employment Tribunal within 3 months (less one day)
- Must use ACAS Early Conciliation first
Remedies
If successful, you may receive:
- Basic award (similar to redundancy pay)
- Compensatory award (loss of earnings, capped)
- Reinstatement or re-engagement (rare)
Alternative Employment
Employer's Duty
Employers should offer suitable alternative employment if available. Consider:
- Different location
- Different role
- Reduced hours
Trial Periods
If offered alternative role:
- You have 4-week trial period
- Can reject if genuinely unsuitable
- May still receive redundancy pay if rejected reasonably
Benefits and Support
Jobseeker's Allowance (JSA)
If looking for work:
- Contribution-based JSA: Based on NI contributions
- Income-based JSA: Means-tested
- Apply at gov.uk or Jobcentre Plus
Universal Credit
May apply depending on circumstances:
- Replaces several benefits
- Apply at gov.uk
- May need to attend appointments
Other Support
- National Careers Service: Free careers advice
- Jobcentre Plus: Employment support
- Skills bootcamps: Retraining opportunities
Tax and Redundancy Pay
Tax-Free Amount
Redundancy payments up to £30,000 are tax-free. This includes:
- Statutory redundancy pay
- Enhanced redundancy pay
- Other compensation for loss of employment
Payments above £30,000 are taxed as income.
What's NOT Tax-Free
These are taxed normally:
- Pay in lieu of notice (usually)
- Outstanding wages
- Holiday pay
- Bonus payments
If Your Employer Can't Pay
Insolvency
If your employer becomes insolvent:
- Claim from National Insurance Fund
- Covers statutory redundancy, wages, holiday pay, notice
- Apply to Redundancy Payments Service
- Limits apply to claims
Making a Claim
Contact the Redundancy Payments Service:
- They handle claims from insolvent employers
- Process can take several weeks
- Keep all documentation
Settlement Agreements
What They Are
Employers often offer enhanced packages in exchange for:
- Waiving right to bring tribunal claims
- Confidentiality
- Other terms
Getting Advice
Settlement agreements are only valid if you receive independent legal advice. Employer typically pays for this.
Negotiating
Consider negotiating:
- Higher payment
- Extended garden leave
- Reference agreement
- Outplacement support
- Benefits continuation
Action Checklist
When Made Redundant
- [ ] Request written reasons for redundancy
- [ ] Verify redundancy pay calculation
- [ ] Check your notice period entitlement
- [ ] Ask about alternative roles
- [ ] Request time off for job hunting
- [ ] Get any settlement agreement reviewed
- [ ] Apply for benefits promptly
- [ ] Keep all documentation
If You Think It's Unfair
- [ ] Contact ACAS for advice
- [ ] Consider ACAS Early Conciliation
- [ ] Note the 3-month tribunal deadline
- [ ] Gather evidence of unfairness
- [ ] Consult employment solicitor
Useful Resources
Official Resources
- ACAS: Free workplace advice (acas.org.uk)
- Gov.uk: Official redundancy information
- Citizens Advice: Free legal guidance
- Employment Tribunal: For claims
Professional Help
- Employment solicitors
- Trade unions (if member)
- Law centres (free legal advice)
Key Takeaways
- 2+ years service required for statutory redundancy pay
- Statutory pay is capped—£700/week maximum
- Notice periods depend on length of service
- Consultation is required—individual and collective
- Selection must be fair—objective criteria only
- £30,000 tax-free threshold on redundancy payments
- 3-month deadline for tribunal claims (less one day)
- ACAS conciliation required before tribunal
- Settlement agreements need independent legal advice
- Keep documentation—you may need it for claims
Remember: This guide provides general information about UK redundancy law. For advice specific to your situation, contact ACAS or consult an employment solicitor.