Q&As

If an employee who is claiming a redundancy payment relating to lay-off or short-time working has given notice of termination of employment at the same time as serving their notice of intention to claim, and their notice of termination doesn’t comply with the statutory notice period requirements (but all other statutory requirements have been complied with), assuming their employer does not serve counter notice, does the employee forfeit their right to a redundancy payment under the Employment Rights Act 1996?

read titleRead full title
Last updated on 02/12/2020

The following Employment Q&A provides comprehensive and up to date legal information covering:

  • If an employee who is claiming a redundancy payment relating to lay-off or short-time working has given notice of termination of employment at the same time as serving their notice of intention to claim, and their notice of termination doesn’t comply with the statutory notice period requirements (but all other statutory requirements have been complied with), assuming their employer does not serve counter notice, does the employee forfeit their right to a redundancy payment under the Employment Rights Act 1996?
  • Notice of intention to claim
  • Resignation
  • If there is a dispute over whether notice of termination has been properly given by the employee

If an employee who is claiming a redundancy payment relating to lay-off or short-time working has given notice of termination of employment at the same time as serving their notice of intention to claim, and their notice of termination doesn’t comply with the statutory notice period requirements (but all other statutory requirements have been complied with), assuming their employer does not serve counter notice, does the employee forfeit their right to a redundancy payment under the Employment Rights Act 1996?

An employee may claim a statutory redundancy payment without having been dismissed in one of two situations:

  1. where the employee is ‘laid-off’ by the employer, ie when the employer temporarily shuts down its operation because it cannot find any or enough work for the employees

  2. where an employee is put on short-time working—short-time working occurs where the employer requires the employee to do less than their full contractual hours and the employee receives less pay as a result

The provisions set out in sections 147–154 of the Employment Rights Act 1996 (ERA 1996) govern the statutory scheme, whereby an eligible employee is able to claim a redundancy payment if they have been laid off or put on short time. Provided these provisions apply, and are complied with, an employee will be entitled to a statutory redundancy payment even though they haven’t been dismissed.

In summary, a statutory redundancy

Related documents:
Key definition:
Redundancy definition
What does Redundancy mean?

Statutory redundancy payments, unfair dismissal: redundancy is where the employer stops doing the work the employee does, closes the workplace, or where its need for that work (generally or in that workplace) diminishes or ceases. Collective redundancy consultation: redundancy is dismissal for any reason not related to the individual concerned.

Popular documents