When I put it to him, that by law, we are entitled to 2 fifths of the working week with pay, ie 2 days paid time off, during the whole of the notice period, he is claiming that I am wrong, and that the time off is at the employer's discretion. He says that they would allow possibly 2 half days.
Who is right? I believe we are also entitled to unpaid time off as well, albeit a reasonable amount.
It is always frustrating when your employer is refusing to give you something that you believe you are entitled to. Whether they are doing it to be awkward or just because they misunderstand, it can be difficult to sort out the situation between you. In the case that you are querying, about time off during a redundancy notice period, you and your boss are both right in certain ways.
If you're uncertain about what your employer must legally provide during your notice period, you can check your specific entitlements using our free Redundancy Rights Checker.
The law says, as you have rightly pointed out, that employees are entitled to ‘reasonable time off to look for work during the notice period’. This law is in place to give employees a chance to attend interviews, visit colleges for further study or use their time to look for future work opportunities for when their notice period ends.
Answer a few questions about your situation and find out whether your redundancy is fair and legal. Get clear guidance on your rights in under two minutes.
Try our Redundancy Rights Checker free, here on this site →The amount of time that you are referring to – 2 fifths of the working week – is mentioned in this legislation and is considered to be a reasonable amount of time to allocate during a 12 week period. However, this amount of time is not a strict ruling, as you would probably like it to be but more of a suggestion that can be upheld.
Firstly, an employee is only entitled to any time off to look for work if they have been with their employer continuously for at least two years. Secondly, the amount of time is indeed, as you employer says, at their discretion. The reason that the 2 days’ paid leave is stated is because this is the most amount of compensation that an employee can be awarded if they take their employer to a tribunal about the matter.
This does not mean that your employer has to give you this amount of time off. What it means is that if you decide they are being unreasonable and take the matter further then a court can award you up to two days’ pay for your lack of time off. Usually this translates into employers using the two days as a benchmark so that they do not have any such problems, but by law, as long as they take reasonable consideration, they do not have to give you the time in the first instance.
Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.
during the consultation process. It is a complicated case.
I work in the Public Sector and have recently been advised that we 'may be at risk' - The organization shed quite a few roles over the past two years, mostly as Voluntary Redundancy, or early retirement.
I would not be financially able to entertain either option, but if forced into Statutory Redundancy I'm interested in the number of years work which inform the redundancy payment. To explain I joined in 1996, then in about 2006 I was seconded to another partner agency, which became (on their request) a career break, then re-joined my original agency at the end of the career break in 2011. What is my Rendundancy 'length of service' I cannot find clear guidance and I can't believe I'm the only public sector employee with this issue.
Many thanks
Our college is planning redundancies. They made a selection pool of the part time staff - which they say is justified because the job title for full timers includes certain other duties although in the main both are lecturers - some part time, some full time.
But, the work that the part-timers do (teaching hours) are being shared amongst the full time staff who otherwise would not have a full workload due to a drop in the number of students/closure of certain courses. The teaching is seminars and workshops - the full time staff will now undertake them instead of the part timers.
I have been told they can put only the part time people in the selection pool because the full timers have a more extensive job description/additional duties and guess I have to accept that. But redundancy is supposed to be when the work is no longer available/reduced. In this case, much of the work is still available - but it is being given to full time staff and the part time staff are being redundant.
Can you tell me if this is allowed under employment law?
many thanks for any help/advice.
Thank you.
Quick question. Just out of a meeting with the whole sales force and they are offering voultnrary reduncy.
They have given us all 48 hours to decide
This time scale seems a bit short? Whats the rule?
Recently in our department, two of us have been placed under notice. I have been at the company for 4 years and the company is offering voluntary redundancy package that is PILON plus 50% of notice, plus statutory. My knowledge and access to company information, future areas of interest and manufacturing techniques far exceeds that of the ex-employee and would put me in a higher risk category. During my individual consultations do I have any precedent to go for a similar payment on top of what is on offer?
I am happy to accept the voluntary as I have been thinking of leaving for a while but I have a family to look after so being greedy in this situation suits me fine!
Thank you for your answer on the redundancy payment taxation. I am sorry if I was not clear. What I mean is that the company would like to give me the statutory redundancy payment based on my years of service, which is £X amount. Additionally they would like to offer the same £X amount again, which is as far as I know should be enhanced redundancy payment.
So finally I am offered 2 x £X (statutory + enhanced).
My company says that they cannot give the enhanced part tax free because HMRC instructed them as I mentioned in my original letter.
I hope I managed to explain it better, could you tell me if you need further information, please?
Thank you for your help in advance.
Kind regards,
Our Response:
Up to £30,000 of statutory redundancy pay is tax free. The company cannot consider or couch any statutory redundancy as a 'payment in kind'. Your question is a little confusing as to what this additional 'compensatory' payment is. As 'redundancy' alone is in effect a compensatory payment. Therefore, I suggest you contact ACAS to talk this through directly.
RedundancyExpert - 20-Oct-15 @ 10:43 AM
Although the redundancy payment is tax free up to £30,000, the company says that HMRC instructed them to consider this as payment in kind and make it taxable because it has been the company's practice.
Can the company offer tax free enhanced payment or any other type of redundancy payment that can be tax free? Thank you.
I have worked for the NHS for 40 years.I have been informed that i am at 'Risk' due to
organisational re-structure/merger.I'm going thought the Redeployment stage. HR provide lists of vacancies however there is nothing suitable. HR phoned asking how i was progressing looking for another job and that they will noe phone me each week for a progress report.
Can HR do this and also make me apply for other jobs? This is a 'new' organisation that does not require my services,so why should i change jobs,they should pay/make me redundant.
I have 3 months notice in my contract and my payday is on the 24th. I still have 15 days holidays.
My questions are:
- How much money can I expect from my company at the end on my employment?
Is it fair to assume that a 3 x £2500 (I am on £30K) / an untaxed amount as per y notice period will be paid to me
On top of that my unused holidays will also be paid in full to me which £1875
I am aware there's also a week payment paid (as I've been working over a year for my employer) which will give e £ 625 untaxed too.
Are my assumptions right ? Please let me know
Thanks
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