Your rights during redundancy

When you're given redundancy notice

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If you're being made redundant, your employer must:

  • tell you how long your notice period is – whether it’s statutory or contractual
  • keep paying you until the end of your notice period

During the coronavirus (COVID-19) pandemic, you still have the same employment rights, including notice period and pay.

You'll usually carry on working until the end of your notice period. How much notice you get depends on how long you've worked for the employer.

It's a good idea to talk with your employer if there's any part of your redundancy notice you're not sure about. For example, you could ask them to put in writing:

  • the length of your notice period
  • the date your notice period starts
  • if you can leave before the end of your notice period
  • if you need to take any unused holiday before you leave
  • if you'll still get contractual benefits, for example a fuel card or mobile phone, during your notice period

How much redundancy notice you get

The statutory notice period you’re entitled to depends on how long you've worked for your employer:

  • less than 1 month ⁠–⁠ no statutory notice
  • 1 month up to 2 years ⁠–⁠ statutory notice is 1 week
  • 2 to 12 years ⁠–⁠ statutory notice is 1 week for each complete year you’ve worked
  • 12 years or more ⁠–⁠ statutory notice is 12 weeks

Your employer can give you more than the statutory notice, but they cannot give you less.

When the notice period starts

It's a good idea to check your contract as it might say when a redundancy notice period starts.

If your employer gives you redundancy notice in person, your notice period should start from the next day.

If you're given the notice by email or post, your notice period should start when you've had time to read it.

For example, if you're told in a letter sent by registered post, your notice might start the day after you've received it so you've had time to read it.

Pay during your notice period

You're entitled to the same pay you'd normally get if you work your notice period.

If you're off work

Depending on your employer's notice period, you might not be entitled to full pay during your notice period if you're:

  • on holiday (annual leave)
  • on sick leave
  • on maternity, paternity or adoption leave
  • temporarily laid off or on short-time working

You're entitled to full pay if you have either:

  • statutory notice
  • contractual notice that’s 1 to 6 days longer than the statutory

You're not entitled to full pay if you have a contractual notice period that’s a week or more longer than statutory.

Check your contract or talk to your employer to check how much you'll be paid.

Payment in lieu of notice (PILON)

Your contract might allow payment instead (‘in lieu’) of working your notice period, or your employer might ask you if you’d agree to this.

This means you’d stop working straight away.

Your employer cannot force you to agree to it. If you do agree, they must give you your full pay and any other contractual benefits for your notice period.

If you have not agreed and your employer dismisses you before your notice ends, you could make a claim to an employment tribunal for breach of contract.

Leaving earlier during your notice period

You can ask your employer if you can leave before your notice period ends, for example if you have another job to go to.

They do not have to pay you for the rest of the notice period after you leave, but they should discuss and agree this with you.

You’re still entitled to redundancy pay, but you must get your employer’s agreement to leaving earlier. It’s a good idea to get this in writing.

Garden leave

Garden leave is when your employer says you do not have to work during your notice period, but they must still pay you as normal until the notice period ends.

Your employer can ask you to take any unused holiday during garden leave. The same rules apply for taking holiday.

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Please do not include any personal information, for example email address or phone number. Unfortunately we cannot respond to individual requests for information. If you need help, call our helpline on 0300 123 1190