Redundancy pay is designed to help workers cope with losing their job. In some cases it might include benefits such as pension contributions or travel expenses. But what about statutory redundancy pay? And contractual redundancy pay? How do you know if you are entitled to either type of payments? Here’s everything you need to know about redundancy pay.
Statutory redundancy pay
The government sets out rules about how much statutory redundancy pay employers must provide. This includes benefits like holiday pay, sick pay, maternity/paternity pay, and pensions. The amount depends on the size of the firm and the number of people employed.
In 2017, the average statutory redundancy payment was £1,831. If you worked full-time, this equated to around £3,500 per month. However, there are limits on how much you can receive. You cannot claim more than four weeks’ worth of salary in one lump sum.
Contractual redundancy pay
If you work for a smaller company, you won’t automatically qualify for statutory redundancy pay. Instead, your employer will negotiate a contract with you that covers things like notice periods, severance packages, and compensation for loss of earnings. These contracts often differ depending on the industry sector.
For example, in 2016, the median value of a contract covering redundancy pay was £2,200 per person. This included a maximum payout of up to three months’ salary, plus additional amounts for unused annual leave, personal days, and unpaid overtime.
Who is eligible for statutory redundancy pay?
Statutory redundancy pay is available for most workers except those who are employed as freelancers, self-employed people or casual workers. You must have worked for two continuous years for your employer before receiving statutory redundancy pay. If you have been working for less than two years, you cannot apply for statutory redundancy pay. However, you may still qualify for voluntary redundancy pay.
The amount of statutory redundancy pay depends on the number of hours you work each week and whether you are paid weekly or monthly. For example, if you work 35 hours a week and earn £100 a month, you will receive £1,500 per year (£85,000 over 2 years). This is known as statutory redundancy pay.
You do not have to wait until you lose your job to start claiming statutory redundancy pay. You can make a claim even if you are still being paid by your employer.
If you are eligible for statutory redundancy pay, you will receive it within three months of losing your job. Your employer must notify HMRC about your redundancy payment within 10 days of making it.
If you’re on a fixed-term contract
Fixed term contracts are usually offered to employees for 2 years or more, but there are exceptions. You might find yourself on one of those contracts if you’ve been working for a long time at a particular employer. Or maybe you signed up for a fixed-term contract because you wanted to take some time off work. Whatever the reason, it’s important to know how things work if you want to make sure you receive your statutory redundancy payment.
A fixed-term contract is different from a temporary contract. A fixed-term contract lasts longer than a temporary contract, but both types of contract come with certain rules.
The main difference between a fixed-term contract and a temporary contract is that a fixed-term contract isn’t automatically renewed. Instead, employers offer fixed-term contracts to give workers stability. This gives businesses more certainty over staffing levels and makes it easier to plan ahead.
However, fixed-term contracts aren’t always permanent. They can be cancelled if either party wants to change the terms of the contract. In most cases, employers cancel fixed-term contracts when they want to hire someone new. But sometimes, employers might decide to terminate a fixed-term contract early. For example, a firm might cut costs by terminating a fixed-term contract earlier rather than paying out redundancy money.
You’ll probably find that most fixed-term contracts last for around 2 years. However, this varies depending on whether you’re employed full-time or part-time. Full-time employees generally sign fixed-term contracts for 3 months or less. Part-time employees often sign fixed-term contracts lasting for 12 months or more.
To check whether you’re eligible for a statutory redundancy payment, you need to look at the length of the fixed-term contract. Statutory redundancy payments are paid out based on the number of weeks worked during the fixed-term period. So, if you worked for 10 weeks during a fixed-term contract, you’d be entitled to a statutory redundancy payment equivalent to £2,500.
In addition, you’ll need to consider the notice period. After the fixed-term contract ends, you’ll still be entitled to a statutory reduction in pay if you gave enough advance notice. How much notice you need depends on whether you’re employed part-time or full-time.
Who will not receive statutory redundancy pay?
Statutory redundancy pay is paid out to workers who lose their jobs due to a reduction in workforce. This applies whether the employer makes the decision themselves or it happens because of redundancies elsewhere within the organisation. If the employee loses their job because of redundancy, they will usually still qualify for statutory redundancy pay even if they are self employed. However, there are some exceptions where it isn’t payable. These include:
• The worker is being laid off as part of a mass redundancy programme.
• They are working fewer hours than full time.
• Their contract doesn’t allow for redundancy pay.
• They fail to meet the qualifying period.
When you may be denied the right to statutory redundancy pay
Statutory redundancy pay is meant to protect workers who lose their jobs due to circumstances beyond their control. This includes situations where someone leaves a job because he or she wants to take another one or because his or her employer decides to close the business. If a worker loses his or her job through no fault of his or her own, however, he or she might not qualify for statutory redundancy pay.
The law requires employers to provide written notice to workers about their termination. They must also tell them how much redundancy pay they are eligible for. Employees must accept the offer within 14 days. After that period, the employee cannot claim statutory redundancy pay.
If an employee turns down an offer of work, he or she still qualifies for statutory redundancy pay. However, the amount of pay depends on whether the employee accepts or rejects the offer. If the employee declines the offer, he or she receives half the average weekly earnings during the 12 months prior to the date of termination. If the employee accepts the offer, he or her gets twice the average weekly earnings during those same 12 months.
How much statutory redundancy pay are you entitled to?
Statutory redundancy pay is paid after an employee leaves his or her employment. This amount varies depending on whether it is your first job, how long you have been working, and what type of contract you signed. If you are self-employed, you may qualify for additional payments. There is no upper limit on the amount of statutory redundancy pay you can receive. However, there is a cap on the total amount of money you can claim per year. This is called the annual allowance.
The maximum weekly payment is £567.50, though this is subject to change each April. In addition to this, you won’t pay any income tax on your redundancy pay, as it is classed as earnings rather than profits.
You can start receiving your statutory redundancy pay once you’ve worked for your employer for 12 months. For example, if you left your job in January 2018, you’ll start getting your statutory redundancy pay in February 2019.
If you’re eligible for statutory redundancy pay, you must apply within four weeks of your final day of work. Your employer needs to give you written notice of your entitlement. If you don’t agree with the amount offered, you can ask your employer to reconsider. If they refuse, you can take them to an Employment Tribunal.
Problems with statutory redundancy pay
If you are entitled to statutory redundancy pay, it is important to understand the basic rules around how you calculate it. This article explains some common issues with statutory redundancy pay and gives advice on how to avoid them.
Statutory redundancy pay is calculated based on your average weekly earnings over the 52 weeks preceding the date of termination of employment. Your average weekly earnings are normally defined as your gross income plus bonus payments, overtime payments, shift differentials, holiday pay, allowances and premium rates of pay. However, there are certain circumstances where your average weekly earnings do not include certain amounts. These include:
• Where you worked fewer than 40 hours per week – your average weekly earnings will be calculated on the basis of the number of hours actually worked.
• Where you had no earnings during the relevant period – your average weekly earnings for the purposes of calculating statutory redundancy will be zero.
• Where you received a lump sum payment – your average weekly earnings must be calculated on the basis on the total amount of the lump sum payment. For example, if you received £1,500 in one lump sum payment and your average weekly earnings were £1,200, your average weekly earnings would be £1,600.
Where you did not work during the relevant period because you were on maternity/paternity leave, sickness absence or compassionate leave, you will not receive statutory redundancy pay. In addition, if you took unpaid leave of absence due to caring responsibilities you will not receive statutory pay.
In addition, statutory redundancy pay does not apply where you were dismissed without notice. Instead, you will receive ordinary redundancy pay.
You’re on maternity leave
If you are made redundant while pregnant or after giving birth, you will receive your redundancy payment based on your normal salary. However, if you are made redundant before having children, your compensation will be based on how much you earn each month. You’ll also receive additional payments for each child under 18.
Your hours change each week
Weekly wages are calculated based off of your total earnings over the course of one week. You’ll receive a paycheck once a month, no matter how many hours you worked during the week.
If you don’t know what your hourly or weekly wage is, use our calculator. You can find out how much money you make per hour or per week by entering your hourly or weekly salary into the form.
Getting your redundancy pay
If you are getting paid redundancy, it is because you worked for your current employer for some period of time. You could be entitled to a lump sum payment, depending on how long you were employed for. This is called redundancy pay.
Your redundancy pay will be calculated according to the number of days you worked for your employer prior to resigning. So, if you resigned on Monday, you will receive your redundancy pay on Tuesday. If you left on Friday, you will receive your payout on the following Monday.
The amount of redundancy pay you receive depends on how much notice you gave your employer about your resignation. For example, if you told your employer you would be leaving on Thursday, you will receive your full salary for three weeks. However, if you didn’t tell your employer you were quitting, you won’t get anything.
You should ask your employer for a written statement explaining why you received redundancy pay. They should provide a copy of this document to you. In addition, they must write down exactly how they calculated your redundancy pay. This helps you understand whether there are deductions being applied.
If you do not receive your redundancy pay,
You are entitled to receive your redundancy payment if your employer doesn’t give it to you. If your employer hasn’t paid you your redundancy money by the end of January 2020, you can apply to HM Revenue & Customs (HMRC). HMRC will investigate whether your employer owes you the amount. If they do owe you, they must pay you within 14 days of receiving notice from HMRC.
The law says employers must pay you within 28 days of the date of termination. However, there are exceptions. For example, if your employer is insolvent, bankrupt, or liquidated, they won’t be able to pay you. In addition, if your employer is subject to a court order requiring them to make payments to creditors, they won’ t be able to pay you either.
Your employer must pay you your redundancy pay even if they didn’t know about your redundancy. This includes cases where you did not tell your employer that you wanted to take redundancy. Also, if your employer knew about your redundancy but failed to pay you, they still have to pay you.
HMRC will send you a letter confirming that they are investigating your claim. Once they confirm that your employer owes you the money, they will contact your employer to let them know. If your employer does not respond to HMRC, they will write again to remind them.
If your employer fails to pay you, you can ask HMRC to recover the money from them. To request this, you must fill out a form called a Request for Information.
Step 1: write a letter to your previous employer
You’ve been let go. Now what?
If you are lucky enough to still have a job, it might be wise to keep your head down and try to avoid drawing attention to yourself. If you don’t want to do that, there are some things you can do to make sure you don’t fall foul of employment law.
The first thing you need to do is write your former employer a polite letter explaining why you think you have been unfairly dismissed. This could include anything from pointing out that you had done nothing wrong to explain why you believe you deserve better treatment.
Your letter should be written in a friendly manner and should contain no threats or insults. You should also give your contact details – including your email address – so your former employer knows how to reach you. Finally, tell them you look forward to hearing from them soon.
Once you have sent off your letter, wait for a response. If you receive one within 14 days, it is likely to be positive. However, if you don’t hear anything within 28 days, you should consider contacting an employment lawyer.
A tribunal is where employers and employees can resolve disputes over unfair dismissals. A tribunal can take place either in person or online. In most cases, you won’t have to attend unless you ask to do so.
In terms of compensation, you can claim up to three months this means that you must file your claim within three months after you know about the unfairness. You cannot delay filing your claim, even if you think you might win.
notice pay, depending on whether you are employed full-time or part-time. If you were paid 40 per hour, you would be entitled to £1,200 in notice pay.
Step 2: early conciliation
Early conciliation is a form of alternative dispute resolution. This process allows you to resolve disputes without having to go to court. It is often used in cases where there are no clear winners and losers, such as contracts, employment matters, copyright infringement claims, and intellectual property issues. In this step, both parties meet face-to-face to discuss the matter and attempt to reach a settlement. If they cannot come to terms, either party can request mediation. Mediation involves a third person, known as a mediator, who helps facilitate discussions between the disputing parties. They do not make decisions; rather, they help each side understand the other’s position and encourage compromise. After the mediation session, the mediator prepares a report summarizing what happened during the discussion. Both parties can agree to the mediator’s recommendations or choose to pursue litigation.
Step 3: take your employer to court
Your last resort is to take your employer to a Tribunal. This is the final step you can take against your employer, if you are unhappy with how things have been handled. You cannot claim redundancy pay unless you make a redundancy payment claim within six weeks of being dismissed. If you do not make a redundancy payment claim, you lose the right to claim it later. There is no limit on the amount of money you can claim, but there is a cap on the number of days you can wait to make the claim.
Claiming redundancy pay is complicated. So seek help from a Citizens’ Advice Bureau. They can advise you about what to do next and give you free information packs.
Unfair dismissal claims must be brought within three months of the day of dismissal. The law says that you must bring your claim within three months of the end of the period during which you could reasonably have found out about the unfairness.
Frequently Asked Questions
How can I receive a tax refund if I am unemployed after being laid off?
You may be entitled to a tax refund if you lose your job because of redundancy. This could include a reduction in your income, which may mean you qualify for jobseeker’s allowance (JSA) and/or universal credit (UC).
As long as you have been employed during the tax year, you may be able to make a claim for a tax refund. However, there are certain conditions you must meet. These include:
• You must have paid enough National Insurance contributions (NICs) to earn £2,500 in wages.
• Your employer must have notified the Inland Revenue about your redundancy.
• You must have received notice of your redundancy within six months of starting employment.
• You cannot already be receiving benefits under another scheme such as maternity or paternity pay.
• You cannot be getting unemployment or disability benefit.
How can I get a tax refund if I’m out of work after getting laid off?
If you are made redundant, you can apply for a refund of amounts you have already paid in tax. The amount of money you might be entitled to reclaim could depend on your circumstances, such as the number of days left in the tax year and whether you have been made redundant within the same tax year or the next one.
The rules for claiming a refund of amounts withheld vary depending on whether you are self-employed or employed by someone else.