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What is redundancy pay and who is eligible for it?

What is redundancy pay and who is eligible for it?

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What is Redundancy Pay?

Redundancy pay is a financial compensation provided to employees who have lost their jobs due to their positions being deemed redundant. This typically occurs when an employer needs to reduce their workforce, either because of financial difficulties, organizational restructuring, or the implementation of new technology that alters the need for specific jobs. Redundancy pay serves as a form of financial support meant to alleviate the immediate economic impact of job loss on employees, providing them with time to find new employment without undue financial hardship.

Who is Eligible for Redundancy Pay in the UK?

In the United Kingdom, eligibility for redundancy pay is determined by specific criteria outlined in employment legislation. To qualify, an employee must meet the following conditions:

Firstly, the individual must be an employee working under a contract of employment. This distinguishes employees from other types of workers, such as independent contractors or freelancers, who do not qualify for redundancy pay.

Secondly, the employee must have been continuously employed by the same employer for a minimum of two years. This continuous service requirement is crucial for eligibility, ensuring that redundancy pay is granted to those who have made a significant contribution to the company over a period of time.

Additionally, the employee must not have been dismissed for misconduct or other valid reasons unrelated to redundancy. Only those employees who are made redundant due to business-related needs or restructurings can claim redundancy pay.

It's also important to note that employees who have reached the statutory retirement age or who are members of the armed forces are excluded from eligibility for redundancy pay in the UK.

The amount of redundancy pay an eligible employee receives is determined based on their length of service, age, and weekly pay, subject to statutory limits. Employees are entitled to:

  • Half a week's pay for each full year they were under 22 years old.
  • One week's pay for each full year they were 22 or older, but under 41.
  • One and a half week's pay for each full year they were 41 or older.

Statutory redundancy pay is capped at 20 years of employment and is also subject to a maximum weekly pay limit set by the government, which may be adjusted annually.

In certain cases, employers might offer more generous redundancy packages than the statutory requirement through contractual agreements or company policies. Employees who are facing redundancy should check their employment contracts and consult with their HR departments to understand their specific entitlements.

Frequently Asked Questions

What is redundancy pay?

Redundancy pay is compensation provided to employees who lose their jobs due to their position being eliminated by the employer.

Who is eligible for redundancy pay?

Eligibility for redundancy pay often depends on factors like the length of continuous employment, statutory requirements in the jurisdiction, and company policy.

How is redundancy pay calculated?

Redundancy pay is typically calculated based on an employee's length of service, age, and weekly pay. Specific rules may vary by jurisdiction.

Do all employees qualify for redundancy pay?

Not all employees qualify for redundancy pay. Temporary, casual, and some contract workers may not be eligible depending on jurisdiction and employment contracts.

How much redundancy pay am I entitled to?

The amount of redundancy pay an employee is entitled to depends on their length of service, age, weekly earnings, and the specific laws or company policies applicable.

What are the legal requirements for redundancy pay?

Legal requirements for redundancy pay vary by jurisdiction but generally include a statutory minimum based on length of service and age.

Are all redundancies eligible for redundancy pay?

Not all redundancies may lead to redundancy pay. For example, if suitable alternative employment is offered and unreasonably refused, employees might not receive redundancy pay.

Can redundancy pay be negotiated?

In some cases, redundancy pay can be negotiated, especially if the company's standard offer is more generous than the statutory minimum.

Is redundancy pay taxable?

Redundancy pay may be subject to tax, although some jurisdictions offer a tax-free threshold or specific tax exemptions on redundancy payments.

How does voluntary redundancy affect my redundancy pay?

With voluntary redundancy, you may be eligible for enhanced redundancy pay depending on your agreement with the employer.

What rights do employees have when being made redundant?

Employees have the right to receive notice, redundancy pay (if eligible), and time off to find a new job. They may also have rights to consultation on the redundancy process.

What should I do if I believe I'm not receiving the correct redundancy pay?

If you believe your redundancy pay is incorrect, you should first check with your employer. If necessary, seek advice from a union, legal advisor, or employment rights service.

Does taking redundancy affect my ability to claim unemployment benefits?

Taking redundancy might affect your unemployment benefits temporarily, especially if you received a substantial lump sum. You should check with your local unemployment service.

Does being on a fixed-term contract affect redundancy pay eligibility?

Employees on fixed-term contracts may be eligible for redundancy pay if the contract ends due to redundancy and specific eligibility criteria are met.

How do employers determine who is made redundant?

Employers typically determine redundancies based on factors like business needs and may use selection criteria. They must ensure a fair process.

Can an employer refuse to pay redundancy?

An employer may only refuse redundancy pay under certain conditions, such as if the employee refuses suitable alternative employment without good reason.

What is the difference between redundancy and termination?

Redundancy occurs when a job is no longer needed, whereas termination can occur for various reasons including poor performance or misconduct.

How long does an employer have to pay redundancy?

The time frame for paying redundancy varies, but employers are generally expected to pay promptly, often during the notice period or shortly after employment ends.

If I find another job, do I still get redundancy pay?

Finding another job before your redundancy takes effect does not typically affect your right to receive redundancy pay, as long as redundancy conditions were met.

What steps should I take if I am made redundant?

If made redundant, you should review your redundancy package, check eligibility for other benefits, and update your resume and job search efforts.

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