What is statutory redundancy pay?
Statutory redundancy pay is a lump-sum payment your employer is legally required to make when they dismiss you by reason of redundancy, and you have at least 2 years of continuous employment. It is a right set by the Employment Rights Act 1996 (s.135–s.154) and cannot be contracted out of — even if your employment contract says otherwise.
The amount is calculated using a fixed formula based on three things: your age, your length of continuous service (capped at 20 years), and your weekly pay (capped at £751 from 6 April 2026). The maximum statutory payment is therefore £22,530. Many employers pay more (enhanced redundancy pay) — the statutory amount is the legal minimum, not the target.
Who qualifies for redundancy pay?
To receive statutory redundancy pay in the UK, you must:
- Be an employee (not a worker or self-employed contractor)
- Have at least 2 years of continuous employment with the same employer
- Have been dismissed by reason of redundancy
- Not have unreasonably refused a suitable alternative role offered by your employer
Your employer cannot make you redundant and then immediately hire someone else to do the same job — that is not a genuine redundancy and may be unfair dismissal. A genuine redundancy means the business need for your role has diminished or ceased, or the workplace is closing.
How is statutory redundancy pay calculated?
The formula multiplies three factors:
- Service years under age 22: 0.5 week's pay per complete year
- Service years aged 22–40: 1 week's pay per complete year
- Service years aged 41 or over: 1.5 week's pay per complete year
Only the last 20 years of service count. Weekly pay is capped at £751 (2026/27 — reviewed annually each April 6). The maximum payment is therefore 20 years × 1.5 × £751 = £22,530 for service entirely after age 41.
Quick example
Age 45, 8 years of service, weekly pay £800 (capped to £751):
Years aged 22–40: 4 years × £751 × 1.0 = £3,004
Years aged 41–45: 4 years × £751 × 1.5 = £4,506
Total: £7,510
Is redundancy pay taxable?
The first £30,000 of total qualifying termination payments is free of income tax. Statutory redundancy pay counts toward this threshold, as does any enhanced (ex gratia) redundancy pay. The £30,000 exemption applies to the combined total — if you receive £15,000 statutory pay and £20,000 enhanced pay, £5,000 is taxable.
Importantly, notice pay is excluded from the £30,000 exemption. Pay in lieu of notice (PILON) is always fully taxable as earnings and subject to income tax and National Insurance, regardless of whether it is contractual or non-contractual.
What if your employer refuses to pay?
If your employer is insolvent or simply refuses to pay, you have options:
- Employment Tribunal: You have 6 months from the effective date of termination (the date your employment ended) to bring a tribunal claim for unpaid redundancy pay.
- Insolvency Service (National Insurance Fund): If your employer is insolvent, you can apply directly to the government to pay your statutory redundancy entitlement via the Redundant Employees Lump Sum Payments Scheme.
- ACAS early conciliation: Before filing a tribunal claim, you must contact ACAS to attempt early conciliation — this is mandatory and often resolves disputes faster than formal proceedings.
Collective redundancy: when 20 or more people are affected
If your employer proposes to make 20 or more employees redundant at the same establishment within 90 days, additional rules apply:
- 20–99 redundancies: employer must begin collective consultation at least 30 days before the first dismissal
- 100+ redundancies: minimum 45-day consultation period
- The employer must also notify the Insolvency Service via a HR1 form
Failure to collectively consult entitles each affected employee to a protective award of up to 90 days' pay — awarded by the Employment Tribunal.
Redundancy vs dismissal: what is the difference?
Redundancy is a specific type of dismissal defined in the Employment Rights Act 1996 (s.139). A dismissal is a redundancy only if it is caused by:
- The employer ceasing to carry on the business
- The employer ceasing to carry on the business at the place where the employee was employed
- The requirement for employees to carry out a particular kind of work having diminished or ceased
If your employer dismisses you for conduct or performance while calling it a "redundancy," that is likely unfair dismissal — not a genuine redundancy. The selection process must also be fair: employers must not use discriminatory criteria (age, sex, pregnancy) for selection.
Key checklist before accepting redundancy
- Confirm you have been formally placed at risk and given notice of the proposed redundancy
- Check your contract for any enhanced redundancy provisions
- Calculate your statutory entitlement using the official formula
- Ask for the selection criteria in writing and challenge any that seem unfair
- Explore whether suitable alternative roles exist within the organisation
- Consider consulting an employment solicitor if the package seems low or the process unfair
- Do not sign a settlement agreement without independent legal advice (your employer should pay for this)