If you are an employee who is being made redundant, with two or more years’ service, then you should be aware you are legally entitled to at least a statutory minimum redundancy payment.
The exact amount of any statutory redundancy payment will depend on a number of different factors, including (a) your length of service i.e how long you have been employed by your existing employer (b) your age and (c) your gross weekly pay.
A statutory cap has been historically applied to (a) the maximum number of years’ service that count and also (b) your gross weekly pay. We expect this to continue in future.
It is very easy to check your current statutory entitlement by using one of the many online links to the Government Redundancy Calculator. If you are unsure, we can always check it for you to make sure you know the correct figure.
It is also worth remembering that any statutory redundancy entitlement is payable in addition to any contractual or statutory minimum notice entitlement. Again, we can check both for you if you are unsure.
Your employer may operate a contractual enhanced redundancy scheme and, if they do, you should be able to calculate the relevant amount by using the scheme’s formula. If you are not sure if a contractual enhanced scheme exists, then the best place to start is by looking at both your own contract of employment and your employer’s staff handbook; one of which would usually contain the relevant information.
Sometimes, an employer may, on a discretionary basis, offer some employees an enhancement but not others. If you think this has happened where you work we can advise in more detail about what you should do. Discrimination and less favourable treatment may have occurred in such circumstances giving rise to potential legal claims!