Alex is Sprintlaw’s co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
How To Run A Redundancy Process That Minimises Risk
- 1) Confirm It’s A Genuine Redundancy
- 2) Identify The Right “Pool” For Selection
- 3) Use Objective Selection Criteria (And Keep Records)
- 4) Consult Properly (Yes, Even In A Small Business)
- 5) Consider Suitable Alternative Employment
- 6) Confirm Termination Properly In Writing
- 7) Watch For Discrimination Risks
- Key Takeaways
Redundancy is one of those moments in a small business where the “legal” and the “human” sides collide.
You might be doing the right commercial thing (reducing costs, restructuring, closing a location), but you still need to handle exits fairly, follow a defensible process, and pay the right amounts on time.
If you’ve searched for what redundancy pay means, you’re probably asking: what exactly counts as redundancy pay in the UK, when do you have to pay it, how is it calculated, and what other payments sit around it?
Below, we break it down in plain English for UK employers, with practical tips to help you reduce risk and keep things moving.
What Does Redundancy Pay Mean?
In the UK, redundancy pay usually means the compensation an employee may be entitled to because their job is being made redundant.
That’s different from a situation where someone is dismissed for conduct or capability reasons. Redundancy is about the role (or the need for employees) going away, not the person “doing something wrong”.
What Counts As A “Redundancy” Situation?
Redundancy typically arises where, for example:
- your business is closing (or a specific workplace is closing);
- your business is moving location and you no longer need employees at the original site;
- the business still operates, but you need fewer employees to do that kind of work (for example, reduced demand); or
- you’re restructuring and removing a role or merging job functions.
In most cases, employers are thinking about redundancy pay in two “buckets”:
- Statutory redundancy pay (the legal minimum, if the employee qualifies); and
- Enhanced/contractual redundancy pay (anything above the statutory minimum, if you’ve promised it in a contract, policy, or as part of a deal).
Redundancy Pay vs Notice Pay (They’re Not The Same)
A very common confusion (especially when cashflow is tight) is mixing up redundancy pay with notice pay.
Redundancy pay is a specific entitlement linked to the redundancy itself.
Notice pay is what you owe because the employment is ending and the employee is entitled to work their notice (or be paid for it). Your obligations around notice are often affected by what’s in the contract and the statutory minimums. If you want a deeper refresher on timing and entitlement, redundancy notice periods is a good place to start.
When Do You Have To Pay Redundancy Pay?
From an employer’s perspective, the key question is: does this employee qualify for statutory redundancy pay?
Statutory Redundancy Pay: The Core Eligibility Rules
In broad terms, an employee will usually qualify for statutory redundancy pay if:
- they are an employee (not genuinely self-employed);
- they have at least 2 years’ continuous service with you; and
- they are being dismissed due to a genuine redundancy.
If someone has under 2 years’ service, they generally won’t be entitled to statutory redundancy pay - but that doesn’t mean the exit is “simple”. You may still owe notice, accrued holiday, and any contractual amounts. You also still need to avoid discrimination and follow a reasonable process.
What About Fixed-Term Contracts Or Part-Time Staff?
Fixed-term employees can still qualify for redundancy pay if they have 2+ years’ continuous service and the fixed term ends because the role is no longer required (and it’s not simply a completion of a genuinely time-limited project that was clear from the outset).
Part-time employees can also qualify. Statutory redundancy pay is not “only for full-time staff” - it’s calculated using weekly pay (subject to caps) and the employee’s age and years of service.
Do You Ever Owe Redundancy Pay Even If It’s Not “Statutory”?
Yes. You might still owe redundancy pay (or something redundancy-like) where:
- your Employment Contract includes an enhanced redundancy scheme;
- your staff handbook or policies promise an enhanced payment;
- you’ve created a custom and practice over time (for example, you always pay 4 weeks per year of service and staff reasonably expect it); or
- you negotiate an agreed exit (often to reduce dispute risk), typically documented properly.
This is why it’s worth checking the contract paperwork before you announce anything - redundancy pay can become more expensive than expected if you’ve inadvertently committed to an enhanced scheme.
How Is Statutory Redundancy Pay Calculated?
Statutory redundancy pay is calculated using a formula based on:
- the employee’s age;
- their length of continuous service (capped at 20 years for statutory calculation); and
- their weekly pay (subject to a statutory maximum, which can change over time).
The age-related multipliers are commonly summarised as:
- 0.5 week’s pay for each full year of service under age 22
- 1 week’s pay for each full year of service aged 22 to 40
- 1.5 week’s pay for each full year of service aged 41 and over
In practice, you’ll calculate the employee’s eligible years, apply the right multipliers for each year (based on their age during that year), and multiply by weekly pay (subject to the cap).
Worked Example (Simple Illustration)
Let’s say an employee:
- is 45 at the termination date;
- has 6 full years of continuous service; and
- has weekly pay below the statutory cap.
They may be entitled to:
- 6 years × 1.5 weeks’ pay = 9 weeks’ pay (as a simplified illustration).
Important: real calculations can get tricky where an employee has years of service in different age bands, variable pay, unpaid leave patterns, or atypical working arrangements. If the numbers matter (and they usually do), it’s worth checking the calculation carefully before confirming figures in writing.
What Counts As “Weekly Pay”?
Weekly pay is not always as simple as “salary ÷ 52”. It can depend on how the employee is paid and whether their pay varies. Commission, overtime, allowances and variable hours can all create complexity.
If you’re unsure, get advice before you confirm the final redundancy pay figure - incorrect payment can quickly become a dispute, and it can also undermine your credibility in any consultation process.
What Else Might You Owe Beyond Statutory Redundancy Pay?
Even if statutory redundancy pay is the headline figure, it’s rarely the only payment you need to consider when someone is made redundant.
1) Notice Pay (Or Pay In Lieu Of Notice)
Employees are usually entitled to notice under their contract, but they also have statutory minimum notice rights. You may:
- require them to work their notice (and pay them as normal); or
- terminate immediately and pay PILON (pay in lieu of notice). If your contract includes a PILON clause, this is usually more straightforward. If it doesn’t, ending employment immediately and paying notice anyway may still be possible, but it can create breach of contract (wrongful dismissal) risk unless it’s agreed.
Timing and wording matter here. If you’re considering ending employment immediately, it’s worth understanding PILON obligations, because getting it wrong can lead to breach of contract claims (and practical issues like benefits and deductions).
2) Accrued But Untaken Holiday
On termination, employees are generally entitled to be paid for holiday they have accrued but not taken. Make sure you calculate this correctly (and check your holiday year, carry-over rules, and any contractual enhancements).
3) Contractual Or Enhanced Redundancy Pay
If you offer enhanced redundancy pay, document the rules clearly and apply them consistently. Inconsistent application can create discrimination risks (even if that’s not what you intended).
4) Other Contractual Sums
Depending on your contracts and policies, you might also need to deal with:
- bonuses (especially where terms say “discretionary”, but practice suggests otherwise);
- commission and pipeline sales;
- expenses;
- benefits (car allowance, health cover) during notice; and
- share options or other incentives.
This is where having a clear, up-to-date workplace policy framework can really reduce ambiguity when redundancies happen.
5) Settlement Terms (Sometimes Used To Reduce Dispute Risk)
Not every redundancy needs a settlement agreement. But in higher-risk exits (for example, where you anticipate a dispute about selection, consultation, or payments), it’s common for employers to explore a mutually agreed departure with clear terms.
This should be approached carefully and documented properly, because poorly handled discussions can create their own risks.
6) Tax Treatment (A Common Question)
Employers often ask whether redundancy pay (and other termination payments) are taxable. The tax position can depend on what the payment is for (for example, statutory redundancy, contractual payments, holiday pay, notice pay/PILON, and any ex-gratia sums can be treated differently).
This article is general information and isn’t tax advice. If you’re unsure, it’s worth getting advice from an accountant or tax adviser before you finalise figures and communicate them to employees.
How To Run A Redundancy Process That Minimises Risk
Redundancy pay is only one part of the picture. If the process is flawed, you can end up facing claims (including unfair dismissal, discrimination, and breach of contract) that cost far more than the redundancy payment itself.
While every redundancy should be handled based on your specific facts, here are the big building blocks most small business employers should keep front of mind.
1) Confirm It’s A Genuine Redundancy
Be clear on the business reason:
- What is changing?
- Which roles are affected and why?
- Is this a reduction in headcount, a restructure, or a site closure?
If you can’t clearly explain the rationale, it’s harder to run a defensible process (and harder to communicate it to your team).
2) Identify The Right “Pool” For Selection
One of the most common dispute triggers is who was placed “in the pool” for redundancy selection.
For example, if you have three employees doing similar work but you only select one for redundancy without clear reasoning, you increase the risk of challenge.
3) Use Objective Selection Criteria (And Keep Records)
Selection criteria should be as objective as possible and consistently applied. Common criteria include:
- skills and qualifications relevant to the future role structure;
- performance (ideally based on documented reviews, not vague impressions);
- disciplinary record (where relevant and fairly applied);
- attendance (handled carefully - absence linked to disability, pregnancy, or other protected characteristics needs special care).
A structured redundancy scoring matrix can help you stay consistent and evidence your decision-making if it’s later questioned.
4) Consult Properly (Yes, Even In A Small Business)
Consultation is not just a “tick box”. It’s your opportunity to explain the situation, listen to feedback, and consider alternatives.
The right consultation approach depends on numbers and circumstances, including whether collective consultation obligations apply. The timeline can also matter a lot, especially if you are making multiple redundancies. If you’re unsure how long you should allow or what meetings to hold, start with redundancy consultation periods.
5) Consider Suitable Alternative Employment
If there are other roles in the business, you should explore whether they could be a suitable alternative for at-risk employees (even if the role isn’t identical).
This doesn’t mean you have to create a brand new job out of nowhere - but you should take reasonable steps to consider alternatives and document what was explored. Managing this well is often a key part of a fair redundancy process, including trial periods where relevant. That’s why suitable alternative employment is worth thinking about early rather than late.
6) Confirm Termination Properly In Writing
Once consultation is complete and a final decision is made, you’ll normally issue a termination letter confirming:
- the reason for dismissal (redundancy);
- the termination date;
- notice arrangements (worked notice or PILON);
- redundancy pay and other final payments; and
- the right of appeal (where applicable).
Having a clear written record protects you if there’s later confusion about dates or payments. Many employers start with a solid termination letter structure and tailor it to the redundancy context.
7) Watch For Discrimination Risks
Even where redundancy is genuine, you can still face discrimination claims if selection is influenced (even unintentionally) by protected characteristics under the Equality Act 2010, such as age, disability, pregnancy/maternity, race, sex, religion, or others.
This is one reason objective criteria, careful record-keeping, and consistent consultation are so important.
Key Takeaways
- Redundancy pay usually refers to the compensation payable when a role is made redundant - but it sits alongside other termination payments like notice and holiday pay.
- Statutory redundancy pay generally applies where an employee has 2+ years’ continuous service and is dismissed due to a genuine redundancy.
- Statutory redundancy pay is calculated using the employee’s age, years of service (subject to caps), and weekly pay (subject to a statutory maximum that can change).
- Redundancy situations often require multiple payments, including notice pay/PILON and accrued holiday, and sometimes enhanced contractual sums.
- A fair redundancy outcome depends heavily on your process: genuine rationale, correct selection pool, objective criteria, meaningful consultation, and properly documented decisions.
- Using tools like a scoring matrix and considering suitable alternative employment can significantly reduce the risk of disputes.
- Tax treatment can vary depending on the type of termination payment, so get tax advice if you’re unsure before confirming figures.
If you’d like help reviewing your redundancy process, redundancy pay calculations, or your employee documents before you start consultations, you can reach us at 08081347754 or team@sprintlaw.co.uk for a free, no-obligations chat.


