The following Employment guidance note provides comprehensive and up to date legal information covering:
An employee may claim a statutory redundancy payment without being dismissed in one of two situations:
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
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
In summary, a statutory redundancy payment is payable where:
there is a period of ‘lay-off’ (see: Lay-off generally and The definition of a statutory lay-off below) or Short time
the period of lay-off or short-time is for the prescribed period (see: Claiming a redundancy payment below)
the employee has given notice of their intention to claim the payment in writing, within the required timeframe (see: Employee’s notice of intention to claim)
the employee terminates the contract of employment by giving the requisite notice (see: Employee must terminate the contract below)
the employer does not give a counter-notice, stating that there is reasonable expectation of a resumption of normal working (see: Employer’s counter-notice below)
the employee is not dismissed by the employer (in which case the employee may be entitled to a statutory redundancy payment anyway)
Effectively, this means that, where these requirements are complied with, an
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