Redundancy—time off to seek work or arrange training
Redundancy—time off to seek work or arrange training

The following Employment practice note provides comprehensive and up to date legal information covering:

  • Redundancy—time off to seek work or arrange training
  • Entitlement to time off
  • The nature of the right
  • Payment for time off
  • Compensation for time off refused
  • Unreasonable refusal
  • Remedies

An employee who has been given notice of dismissal for redundancy has a right, under section 52 of the Employment Rights Act 1996 (ERA 1996) to request a limited period of time off work to make arrangements for their future. An employee does not have an absolute right to the time off work, they have a right not to be unreasonably refused it if they have requested it. If such an employee is given time off work, they are entitled to a proportion of their normal weekly pay for the time taken.

Entitlement to time off

The requirements are similar but not identical to the requirements for entitlement to a redundancy payment (see Practice Note: Entitlement to statutory redundancy payment—Statutory entitlement). The right is available to:

  1. employees (see Practice Note: Employee status), in this case including Crown officials and parliamentary staff but not members of the armed forces, share fishermen, merchant seamen or those employed in the police force

  2. who have been continuously employed for two years or more, ending on the date notice expired (or should have expired if proper notice had been given, see Practice Note: Statutory minimum notice)

  3. who are under notice of dismissal—the right is only exercisable during this period of time; an employee who is summarily dismissed for redundancy will therefore have no right to be permitted paid time off work

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