Redundancy notice periods: how much notice and pay you should get

Being selected for redundancy does not mean packing your desk that afternoon. You are entitled to notice, to be paid properly during it, and to time off to find your next job. Here is what the law gives you and what to check in your contract.

Statutory notice: the legal minimum

Statutory redundancy notice is one week for each full year of service, up to a maximum of 12 weeks:

• 1 month's service to 2 years: at least one week
• 2 to 12 years: one week per full year
• 12 years or more: 12 weeks

Your contract may give more, and contractual notice wins whenever it is longer. Check before assuming the statutory figure applies to you.

Pay during your notice period

You must be paid your normal wage through your notice period even if there is no work for you, and even if you are off sick or on maternity leave during it. If your contract gives notice at least one week longer than the statutory minimum, some different rules can apply to pay during absence, but for most people the answer is simple: full normal pay until the leaving date.

The three ways notice is handled

• Worked notice. You work until the leaving date. This is the default.
• Payment in lieu of notice (PILON). The employer ends your employment immediately and pays you what you would have earned. Whether they can do this cleanly depends on your contract, and it affects the tax treatment of your package. Our pay in lieu of notice guide covers it in detail.
• Garden leave. You stay employed and paid, but stay at home. Employers use it to keep you away from clients and colleagues while notice runs. More in our garden leave guide.

Time off to find work

If you have two years' service, you have a legal right to reasonable time off during notice to look for a new job or arrange training. Your employer only has to pay you up to 40% of a week's pay for it, but the time itself is the point: use it.

If you get less notice than you are owed

Short or missing notice is a breach of contract, and you can claim the pay you should have received, usually as a wrongful dismissal claim. The same applies if your employer miscalculates your leaving date to shave weeks off your service, which can also be an attempt to duck under the two-year qualifying line for redundancy pay.

Putting it together

Notice is one piece of the redundancy puzzle alongside consultation, selection and pay. The full picture is in our redundancy rights guide, and if the way your notice was handled looks wrong, or the dismissal itself feels pre-decided, read what makes a dismissal unfair before your leaving date.

A specialist employment solicitor can usually tell you in one conversation whether your employer has cut corners. Start your enquiry and we will match you within 24 hours.