Time-Off to Look for Work or Retrain When Redundancy is Imminent

Naturally, if you’re facing redundancy, you’ll be considering your future intensively and will want to explore new employment or training opportunities. Fortunately, the law allows you to combine that with your remaining obligations to your employer without losing out financially.

The law obligates your employer to give you “reasonable” time off to look for work or retrain when you are under notice of redundancy and, the best part, to pay you in full for this time off just as of you had been working. Unfortunately, the law does not precisely define what “reasonable” means in this context. It is a grey area which can occasionally give rise to disputes.

Note that the maximum amount the employer is obliged to pay you is equivalent to two fifths of a normal week’s pay, even if you are absent for longer than that. If your contract of employment makes additional provisions for paid time off compared to the statutory minimum, any statutory amounts your employer pays you will be offset against the contractual requirements.

It is fairly standard for employers to ask to see evidence that the time off will be spent for the purpose specified. For example, the employer may ask to see the letter inviting you to attend an interview if you ask for time off for that reason. Your right to time off is not limited to attending interviews, however. You could, for example, ask for time off to arrange new training for yourself.

Restrictions on Rights to Paid Time Off

Be aware also that this obligation relates only to the formal redundancy notice period. Sometimes an employer will give advance warning of an upcoming redundancy before the formal notice period begins. You will have no right to time off then.

Only those who have been with the employer continuously for two years are entitled to time off under the statute. Eligibility criteria for this are identical to those for redundancy pay. If you haven’t been with your employer that long, it is possible that your contract of employment will give you extra rights.

If Your Employer Refuses to Give You Time Off

If your employer refuses to let you have the time off to which you are entitled by law, or refuses to pay you for it, you can complain to an Employment Tribunal. For this you should get hold of the form called ET1. It can be downloaded from the Employment Tribunal website.

Your complaint must be brought within three months of the date on which the time off was or should have been taken. If there were exceptional circumstances preventing you from beginning the complaint procedure within this time frame, extensions can sometimes be granted.

Note that the maximum money amount the Employment Tribunal can award you is two fifths of a week’s pay. If you have already been paid this much by your employer, you will not get any more money, even if the tribunal finds in your favour.

Time Off When Facing Redundancy – Conclusion

Paid time off to look for work is only one of the many protections the law grants workers who are facing redundancy.