Clare Dight and Emily Ford
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What is redundancy? Redundancy is a form of dismissal. People are usually made redundant because their employer needs to reduce the workforce or because the job they do is no longer necessary. Redundancies often happen because an organisation is cutting costs and needs to reduce staff numbers, or because new systems or technology have made a job unnecessary. It could be because your job no longer exists or because the business is closing down or moving.
Usually, in order for a dismissal to be redundancy, your job role needs to have disappeared. It is not redundancy if your employer takes on a direct replacement immediately. All workers are protected from being sacked or chosen for redundancy unfairly by the Employment Rights Act 1996.
Will I qualify for a redundancy payment? If you’ve been working for your employer continuously for two years or more and you are made redundant, you are entitled to a lump sum payment. Check your employment contract as you might be entitled to other non-statutory payments as well.
To receive a payment, you must have been dismissed by your employer rather than have resigned. If your employer asks for volunteers for redundancy you will qualify for a payment if you volunteer, providing your employer accepts and actually dismisses you.
If you have a fixed-term contract and it finishes without being renewed, this counts as a dismissal and you may be due a redundancy payment.
If you are made redundant, you may leave early by agreement with your employer and still be eligible for a payment. The minimum notice period which your employer has to give must have started by the time you give your notice.
How much will I get? Your redundancy payment depends on how long you have been working for your employer, your age, and your weekly pay, up to a legal limit. Redundancy pay is calculated as:
0.5 week’s pay for each year worked if you are aged under 22 in that year
1.0 week’s pay for each year worked if you are aged 22 or more, but younger than 41
1.5 week's pay for each year worked if you are 41 or older
Click here for a redundancy payment calculator to get an idea of how much you may be eligible to receive. This is based on the minimum payable, some employers will pay more - click here to find out how much more you may receive .
Some jobs are exempt from redundancy payments. These include: Some members of the Armed Forces, House of Lords and House of Commons staff, apprentices whose service ends at the end of their contract, employees on certain fixed term contracts who have given written agreement to waive their entitlement to a redundancy payment, domestic servants who are members of the employer's immediate close family, some fishermen, crown servants or employees in a public office and employees of the Government of an overseas territory.
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What this article does not emphasize is that there is a very valuable period called Consultation. This should be used by both sides to discuss the reasons/need for the redundancy, find an alternative position and determine if redesigning the work would be useful. Peter. Redundancy Assist.
Peter Vreede, London, UK
J Wilson
Redundancy payments are taxable but, normally, the first £30k is exempt.
Simon, London,
Colin:
Companies are set up to make profits - it is the hole ethos of commerce. They are not set up solely to employ people - although the public sector obviously has a different view on this...
Dave, Glasgow,
J Wilson - surely it would make more economic sense for an employer to make a more established member of staff redundant as they will be paying them more. Your son will likely be on a lot less than someone who is older.
Adrian, Leeds, UK
Colin:
17K is not poverty in the UK nor is it "just above minimum wage".
If you work on minimum wage for 7.5 hours a day, 5 days a week, 52 days a year you will earn just under 11k. Thats minimum wage.
Get your facts right.
Rob, Leamington Spa,
My 27 year old son has been made redundant. We believe it is because he is the cheapest to let go - due to his age. He will receive 2 weeks' wages. One thing the article doesn't clarify is whether a redundancy payment is taxable or not.
J Wilson, Cambridge, UK
The only problem with this is the £330 per week limit. £17k per year is serious poverty in the UK, just above minimum wage. So this is only a political sop for the very low paid. The whole thing would be more sensible if the limit were £1000 per week. But then employers would squeal about profits!
Colin, shrewsbury,
Alas the age discrimination legislation makes a specific allowance for redundancy as older workers find it harder to get another role on the same pay. Strangely enough isn't that down to age discrimination?
Andrew, London,
Surely with all the PC'ness, it's illegal to give someone more or less money based on their age?
Arthur, Newcastle,