When is redundancy pay not payable

What should an employer consider in determining the terms and conditions of employment of a worker who has suffered diminution? The employer should take into account the past services and accumulated benefits, if any, of the worker in respect of the employment. The employer should consider the seniority and the skill, ability and reliability of each employee affected by the redundancy. How do I, as an employer, establish the redundancy pay and terms and conditions of payment of affected workers?

The redundancy pay and the terms and conditions of payment are subject to negotiation between the employer or representative of the employer on the one hand and the worker or the trade union concerned on the other. Where should an employer make a complaint in case there is a dispute regarding the redundancy pay and the terms and conditions of payment? An employer may refer any dispute concerning the redundancy pay and terms and conditions of payment to the labour officer or industrial court section Are there any particular categories of workers who should not be covered by the redundancy pay and other terms of conditions?

To decide whether termination was just and fair, the Industrial Court is required to consider the procedure adopted by the employer in the termination, the conduct and capability of the worker up to the date of termination, the extent of compliance by the employer of statutory requirements, the previous practice of the employer in dealing with circumstances that led to the termination, and the existence of any previous warning letters issued to the worker.

A worker may lodge a complaint with labour officer within three months from the date of the unfair termination. All the amounts are subject to statutory deductions. There is no provision for severance pay in legislation for reasons other than redundancy. If your employer does not give you statutory redundancy pay when you are entitled to it, you should write to them asking for payment. If you have an employee representative, such as a trade union official, they may be able to help. You need to make a claim to the tribunal within six months, or you may lose the right to a payment.

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If your employer is insolvent, someone should contact you to tell you what you need to do to claim your statutory redundancy pay. Check your rights and what you can claim on GOV. You can check if your employer is insolvent by searching the register of companies on GOV. You might be able to find their other name by:. You can search the bankruptcy and insolvency registers on GOV.

Make sure you check your contract to see what it says. You should check any written agreement you made with your employer when you were furloughed. It might have included an agreement to reduce your pay. If your employer is working out your redundancy pay based on your reduced pay, you should contact your nearest Citizens Advice. Your employer will deduct any tax for you. Working out the tax on your redundancy pay can be complicated so contact your nearest Citizens Advice if you need help.

Ask your employer for a copy of your redundancy agreement for an adviser to look at. Your employer should pay you your redundancy pay on the date you leave work, or an agreed date soon after. Your employer should pay your redundancy pay in the same way they paid your wages. If you need more help at any stage, contact your nearest Citizens Advice. Acas provides independent support to help sort out employment disputes.