Redundancy

This Overview summarises the issues and provides links to relevant Practice Notes relating to redundancy, including the different definitions that apply for the purposes of (a) a statutory redundancy payment and a fair reason for dismissal and (b) collective redundancies, the right to a redundancy payment, fair redundancy procedures, including consideration of suitable alternative employment, statutory collective consultation obligations, bumping, the right to time off to look for work, the renewal and re-engagement scheme, lay-offs and short time, the effect of death and insolvency and issues relating to redundancy policies.

In general, employees dismissed by reason of redundancy have rights to:

  1. a statutory redundancy payment

  2. the application of a fair redundancy procedure, which includes consideration of suitable alternative employment

  3. reasonable time off work to look for alternative employment or arrange training

For the purposes of entitlement to a redundancy payment, and fair dismissal, an employee is dismissed by reason of redundancy (see Practice Note: Definition of redundancy—Redundancy payment entitlement, and fair reason for dismissal) if the reason for dismissal is wholly or mainly attributable to:

  1. the employer ceasing or proposing to cease carrying on

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Powered by Lexis+®
Latest Employment News

Right to work guidance updated on Digital Verification Service checks

The Home Office has issued an updated version of its ‘Employer’s guide to right to work checks’ document, with the changes primarily related to simplifying the information on digital checks for employers of British and Irish citizens who have a valid passport (or Irish passport card). The new version has removed various technical details which were previously intended for providers of these digital verification services, and revised the relevant terminology, so that ‘Digital Verification Service (DVS)’ now includes both the terms Identity Service Providers (IDSPs) and Identity Document Validation Technology (IDVT). This is stated to align the guidance with the terminology used in the UK digital identity and attributes framework and the Data (Use and Access) Act 2025. Guidance and requirements specifically for DVS are now set out in a separate, supplementary code for digital right to work checks. The relevant guidance for employers has been revised. Although it is not currently mandatory for employers to use a DVS certified against the ‘trust framework’ and the supplementary code, this position will change ‘in the near future’, and it will become mandatory to use a DVS listed on the register of certified DVS (maintained by the Office for Digital Identities and Attributes (OfDIA)). In other changes, the new version reiterates that an original expired BRP is not proof of a right to work, and instead an online check must be taken. It also confirms that short-term entry clearance vignettes are being phased out, and that increasingly persons recently issued entry clearance will only have their eVisa to rely on for these purposes, so will need to create a UKVI account as soon as possible and can do this from overseas. In relation to asylum seekers with a pending claim, the guidance now states that they can also volunteer whilst their claim is considered without being granted permission to work, but they can only carry out 'paid' work if they have been granted permission to work under the Immigration Rules, Part 11, paras 360 or 360C. Previously the reference in our quotation marks to ‘paid’ work stated ‘voluntary’ work

View Employment by content type :

Popular documents