Length of service in employment is capped at 20 years when calculating redundancy. If you have been dismissed from your role due to misconduct this does not constitute redundancy. You would not be entitled to receive a redundancy payment in this situation.
The most common situation in which to make a claim for a statutory redundancy payment is if you have been made permanently redundant from a company without being offered suitable alternative work , which is defined by:.
If you believe that your employer has the option of suitable alternative employment available yet they have declined to offer it to you, your redundancy may constitute unfair dismissal. You may also be able to claim for redundancy payments if you have been made redundant temporarily for either:.
If you are claiming temporary redundancy, you must write to your employer and make a claim within four weeks of your last non-working day within the temporary redundancy period. If your usual work is going to resume within four weeks and continue for at least 13 weeks, your redundancy claim may be dismissed.
There are many situations in which employees are not entitled to receive a statutory redundancy payment, including:. If your employer is offering you what they describe as suitable alternative employment and you believe it is not a suitable alternative, you can make a claim to an employment tribunal to resolve the matter.
There are some roles that are never entitled to redundancy payments, either because they are covered by other arrangements or because statutory redundancy simply does not apply. Your former employer is responsible for paying your redundancy payment, in order to provide you with compensation for failing to provide alternative employment.
If you are in any doubt when your redundancy pay is to be provided to you, you should contact your employer in the first instance to ask for clarification. If your employer does not pay your redundancy payment at the agreed time, your first step should be to contact them and remind them of the date that you were entitled to the payment.
If your employer still does not pay your redundancy, you should appeal to an employment tribunal. This could also state the reason for the redundancy and the final date of your work within the company. If an interview falls within your working hours, for instance, your employer must accept that you will attend the interview and not be asked to make up the time afterwards. This time off, although a legal right, is obviously within reason.
This is called suitable alternative employment. Your employer should discuss alternative roles with you when they break the redundancy news to you individually. This could be via email or a letter. The letter should be formal and addressed to the business you have just left. Send copies and keep the originals for when you might need them later. 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.
Check what you need to do. To help us improve GOV. It will take only 2 minutes to fill in. Cookies on GOV. Pay in lieu of notice is money paid to you by your employer as an alternative to being given your full notice. If they can't pay because they're insolvent, you might be able to get the money from the government. If you've been made redundant, your employer will normally pay you either on the last day of your notice period, shortly afterwards, or on your next pay day.
Your employer should give you a written statement showing how any payment has been worked out. If you have doubts about the way your employer has calculated your statutory redundancy pay you can call the Redundancy Payments Freephone Helpline on If your employer does not give you statutory redundancy pay when you are entitled to it, you should write to them asking for payment. If you have an employee representative, such as a trade union official, they may be able to help.
You need to make a claim to the tribunal within six months, or you may lose the right to a payment. Careers webchat is available from 9. Outside of these hours, or if all advisers are busy, you can ask questions online.
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