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Claiming redundancy when laid-off work

You may be able to make a claim for redundancy if you have either been:

• laid-off work without pay
• put on short-time work earning less than half of your weekly wage

The lay-off or short-time must have lasted either:

• four or more whole weeks in a row
• a total of six or more whole weeks within a 13 week period
  

• Being temporarily laid-off work

The timetable for applying for redundancy is strict and it is a good idea to seek advice if you are unsure what to do next. You could contact the Acas (Advisory, Conciliation and Arbitration Service) helpline for further advice.

• Acas contact details

The process for making the claim

If you want to make a claim for redundancy after being laid-off you should follow the correct process.

Your written notice

The first step is to give your employer written notice that you intend to claim redundancy. You must give it to them within four weeks of the end of either:

• four or more whole weeks of lay-off or short-time work in a row
• a total of six or more whole weeks layoff or short-time work within a 13 week period

Your employer's response

Your employer then has seven days to either accept your claim or give you a written ‘counter-notice’. If your employer doesn't give you counter notice, you can assume they have accepted your claim.

A counter notice tells you that your employer does not accept your claim for redundancy pay because work will be available in the near future. The ‘near future’ must be within four weeks and the work must last at least 13 weeks without interruption.

If your employer gives you counter notice you won’t get redundancy pay unless an Employment Tribunal decides in your favour. Your employer can decide to withdraw their counter notice by telling you in writing.

• Employment Tribunals: an introduction

Resignation

In order to get redundancy pay you must resign by giving either:

• one week's notice
• the notice period required by your employment contract (if it is longer than one week)

The timing of your notice is crucial to get right and redundancy pay claims can fail if you do not give in your notice correctly. If seven days have passed since you gave your written notice to your employer and your employer has not given counter notice, you should hand in your notice within three weeks after the seven days has ended.

If your employer has given counter notice but then withdrawn it, you must give your notice within three weeks of the withdrawal.

If your employer has given a counter notice and does not withdraw it, you could take your claim to an Employment Tribunal. After you receive notification of the Employment Tribunal's decision you have three weeks to resign. This means that you don't have to give up your job until you know the Employment Tribunal's decision.

If your employer appeals the Employment Tribunal's decision you still only have the three weeks to resign. So, if your employer wins their appeal you could be jobless and without redundancy compensation.

If you are unsure how this process works, you should get advice.

Where to get help

If you need further advice you can contact Acas or visit the employment useful contacts section. If you are a member of a trade union, you can get help, support and advice from them.

• Employment contacts

• Trade unions

Useful contacts

• Acas (Advisory, Conciliation and Arbitration Service)

• Citizens Advice Bureau

• Jobcentre Plus

• businesslink.gov.uk Opens new window

• More useful contacts