Redundancy notice period

Understanding your rights during the redundancy notice period

Being made redundant can be a daunting experience, but it is essential to understand your legal rights during the redundancy notice period. Whether you are working your notice or being paid in lieu, the treatment you receive from your employer should comply with both employment law and your contractual obligations. During this time, you retain the same employment rights as usual, including the right to be paid, accrue holiday entitlement, and be protected from unfair dismissal or discrimination.

If you are unsure about the terms of your redundancy or feel pressured into accepting certain conditions, you have the right to seek legal advice. It is also vital to ensure your employer follows correct procedures when issuing the redundancy notice, otherwise, you may be entitled to additional compensation or have grounds for a claim of unfair dismissal.

What if you are offered a new job during your redundancy notice period?

Accepting a new job offer during your redundancy notice period is allowed, but the timing and terms of your departure from your current job matter. If you leave before your notice period ends without an agreement with your employer, you could forfeit your redundancy pay and potentially breach your contract. To avoid this, it's advisable to request a mutual agreement, or a waiver of the remainder of your notice.

Some employers may allow early release without affecting your redundancy payment. It's best to get such an agreement in writing. If you’re on payment in lieu of notice (PILON), and there are no post-termination restrictions, you can usually begin a new job immediately. However, if you're on garden leave, you remain employed and bound by your contract until the end of the notice period, and must not start work elsewhere during that time.

Why choose Stephensons for redundancy advice?

At Stephensons, we understand that facing redundancy can have a significant impact on your financial well-being and personal life. That’s why our experienced employment law solicitors are committed to providing practical, tailored advice during every step of your redundancy process.

• Our employment law team is recognised by The Legal 500 as specialists in employee disputes and redundancy matters
• Accredited by the Law Society for excellence in legal practice and client care
• Over 1,500 Trustpilot reviews from satisfied clients across the UK
• Expertise in negotiating settlement agreements and representing employees at employment tribunals
• Flexible consultation options including phone, video appointments, or in-person meetings

If you are unsure about your statutory notice period for redundancy, curious about whether you have to work your redundancy notice, or want to know when your redundancy notice period starts, our team has the knowledge and experience to help. Trust Stephensons to guide you through your employment rights and make sure you receive everything you’re entitled to.

Can my redundancy notice period be longer than statutory requirements?

Yes, your redundancy notice period can be longer than the statutory minimum if this is specified in your employment contract. Always check your contract terms, as these can provide greater notice periods and protections than the legal minimum required by law.

Do I have to work through my redundancy notice period?

You typically must work your redundancy notice period unless your employer agrees otherwise. However, your employer may choose to place you on garden leave (where you remain employed but away from your workplace), or make a payment in lieu of notice (PILON), allowing you to leave immediately but still receive payment for your notice period.

What is payment in lieu of notice (PILON)?

Payment in lieu of notice (PILON) occurs when your employer ends your employment immediately and pays you the salary you would have earned during your notice period. PILON is taxable as normal income and includes any contractual or statutory benefits you would've otherwise received.

Am I entitled to redundancy pay if I'm working my notice?

Yes, if you've been employed continuously for two years or more, you're entitled to statutory redundancy pay regardless of whether you work your redundancy notice period or receive a payment in lieu of notice (PILON). This redundancy pay is separate and additional to notice pay.

Can redundancy notice periods be negotiated?

While the statutory redundancy notice period is set by law, you may be able to negotiate a longer or shorter notice period,but this must be agreed by both parties and set down in writing as a variation ageed by you and your employer. It is always advisable to seek professional legal advice when negotiating redundancy terms.

When should I receive official notice of redundancy?

You must receive written notification of your redundancy clearly stating the circumstances and your leaving date. Employers must provide proper notice in line with legal statutory periods or contractual agreements, whichever is longer.