What is statutory redundancy pay and how is it calculated?
Statutory redundancy pay is calculated based on your age, weekly pay (capped at £643 per week from April 2024), and complete years of service up to a maximum of 20 years. You receive half a week's pay for each year worked under age 22, one week's pay for each year worked aged 22 to 40, and one and a half week's pay for each year worked aged 41 or over. Use the official calculator at gov.uk/calculate-your-redundancy-pay to get your exact figure.
Do I qualify for statutory redundancy pay?
You qualify if you are an employee (not a worker or self-employed contractor), you have been continuously employed by the same employer for at least two years, and you are genuinely being made redundant. The two-year qualifying period runs from your start date. Part-time employees qualify on the same basis as full-time employees under the Employment Rights Act 1996.
What makes a redundancy situation genuine?
A genuine redundancy occurs when the employer no longer needs someone to do your role — because the business is closing, moving location, or needs fewer employees doing that kind of work. A sham redundancy is where the employer uses redundancy as a pretext to dismiss a specific person for another reason. If the job is immediately re-advertised or replaced, that is evidence the redundancy was not genuine and you may have a claim for unfair dismissal.
What are the collective redundancy consultation requirements?
If an employer proposes to make 20 or more employees redundant at one establishment within 90 days, collective consultation rules apply under the Employment Rights Act 1996. The employer must notify the Secretary of State using Form HR1 at least 30 days before the first dismissal (45 days for 100 or more redundancies) and must consult with elected employee representatives or a recognised trade union. Failure to follow these rules can result in a protective award of up to 90 days' pay per employee.
Am I entitled to a written reason for being selected for redundancy?
Yes. You have the right to request written reasons for your selection from your employer. Employers must apply a fair and objective selection pool and scoring criteria. If your selection was based on a protected characteristic — such as pregnancy, disability, age, or trade union membership — the dismissal is automatically unfair regardless of the reason given.
Does my employer have to offer me alternative roles?
Yes. Before making you redundant, your employer must consider whether any suitable alternative employment exists within the organisation or associated companies. If a suitable role is offered and you unreasonably refuse it, you may lose your right to statutory redundancy pay. If no alternative is offered but one existed, the dismissal may be unfair. You have the right to a four-week trial period in any alternative role without losing your redundancy pay entitlement.
What is the deadline to bring an Employment Tribunal claim?
You must submit an Early Conciliation notification to ACAS within three months minus one day of the date your employment ended. Early Conciliation is a mandatory first step before filing an Employment Tribunal claim. The conciliation period extends your deadline. If conciliation does not resolve the dispute, ACAS issues a certificate and you then have one month to file at the Employment Tribunal.
Does TUPE protect me if the business is sold?
The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) protect your employment when a business or service is transferred to a new employer. Your terms and conditions transfer automatically. Redundancy for a reason connected to the transfer is automatically unfair unless there is an economic, technical, or organisational reason entailing changes in the workforce. If you are made redundant around the time of a sale, take advice on whether TUPE applies.
How do I challenge an unfair redundancy at the Employment Tribunal?
First, notify ACAS of your intention to bring a claim via the Early Conciliation service at acas.org.uk. If the dispute is not resolved, file Form ET1 (Employment Tribunal claim form) online at employment-tribunals.service.gov.uk within the deadline. Set out clearly that the redundancy was a sham, your selection was unfair, or your employer failed to follow a proper process. You can represent yourself at the tribunal — many claimants do so successfully.
How does uplaw.ai help with a redundancy situation?
uplaw.ai calculates your statutory redundancy pay, checks whether your selection process was fair, and prepares your ACAS Early Conciliation submission and Form ET1 Employment Tribunal claim. Just explain what happened in plain English and uplaw.ai handles the paperwork — no solicitor required.
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