Q&As

We have assumed that your question relates to how an employee’s notice period affects their entitlement to, and the calculation of, a statutory redundancy payment, and whether, if the employee is also entitled to a contractual redundancy payment, the employer is obliged to pay both a statutory payment and a contractual payment.

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Published by a LexisNexis Employment expert

Published on: 15 January 2025

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An individual is entitled to redundancy payment under section 135 of the Employment Rights Act 1996 (ERA 1996) if:

•
they are an employee
•
they have been continuously employed for not less than two years at the ‘relevant date’
•
they have been dismissed, and
•
the dismissal was by reason of redundancy

For further information, see, generally, Practice Note: Entitlement to statutory redundancy payment.

Relevant date and continuous employment

The ‘relevant date’ for redundancy payment purposes is both the date on which the two years' qualifying period for a redundancy payment is determined, and the date as at which the amount of the redundancy payment is calculated.

It is also the date from which (subject to the extension for early conciliation) the six-month time limit for claiming a

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United Kingdom

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