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.
If you're feeling overwhelmed by everything you need to consider during this difficult period, you might find it helpful to use our free Redundancy Action Plan.
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.
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Try our Redundancy Rights Checker free, here on this site →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.
Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.
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.
I feel this is why she wanted me out.
Due to economic cuts and restructuring my post was taken away. Voluntary Redundancy was offered, I accepted and it was confirmed with a 12 weeks notice. I'm in 6th week of that notice period but suddenly placed apart from team I worked with given additional non related work to complete which requires extensive training in the middle of the remaining 6 weeks I've had to take 2 weeks holiday or lose the money - apart from the obviously 'why are you making me do this' question; which has not been answered satisfactory [because you are being paid !] It feels like punishment, is very stressful and at 63 yrs learning new systems which will require more training for next person taking over.
Thanks in advance.
I am 3 days over my holiday entitlement do you know if I have to pay these back as I wouldn't be leaving if I felt safe and secure.
Thanks
I am being made redundant and am working my four weeks notice. I have requested half a day off to go to meet with recruitment consultants and interview with them. Do I have to provide evidence of specific interview appointments if my employer requests it?
Thanks.
We're a new programme, funded by the Department for Education, which encourages and supports career changers as they transition into teaching. We would love to connect with those who have been made redundant - who is the correct person to speak to about this? Thank you.
I have been given 12 weeks notice of redundancy. Am I entitled to 40% ( 2 days in a 5 day week) every week to search for work etc or does the 2 days entitlement cover the 12 weeks notice?
Many thanks
I have just received confirmation that we are being made redundant and the office closing at the end of this month with the business paying us by way of PILON. Do you know if we are still entitled to paid time off if our notice period doesn't actually start until the office closes? I have asked for time off to attend an interview which has been refused as they say they are not obliged to offer time to look for work as our notice doesn't come into effect until we leave and as they are paying the notice up front, suggesting that is when we can look for work.
Thanks.
Should I be allowed time off to stay at home to look for work? I'm in a very central location within the building, everyone knows where to find me and I work for most of them so I'm getting constant interruptions. The meeting rooms are always busy and although HR has offered me their little office, I find it very drab and depressing and I don't have my things around me. I would feel much better at home with my own things, my own laptop and no distractions. Am I allowed to request, or demand, this?
I have been retrenched and serving a notice. My employer has unilaterally changed my working hours (never started work at 8 throughout my stay with the company and neither are the retained employees) and demands that I perform menial duties like filing and scanning documents where as I was retrenched from a middle management role. I am afraid the next thing will be that I clean the staff kitchen as she has mentioned that she has nothing for me to do. Am I obliged to perform such tasks?
Is the employer required to give us time off to search for jobs?
An HR department was formed via a consultancy and still being insulted in front of office staff I took it to the HR consultant. She was very good and sympathised with me and suggested an informal meeting to resolve the issue. The day the meeting was set up the consultant whom I had provided evidence to was changed for a very anti-employee consultant HR woman. The level playing field meeting became an opportunity for the company accountant to tell me that he would not change his manner that he could not guarantee that he would not loose his temper and that he could not guarantee that he would not swear at me again. Further I receive a letter from the director which said that the company supported and understood the management style and supported it.To offset any issues a lesser accountant was put in place by the Director to "provide communications " between me an this person. I was also asked by the director what I wanted and I asked for training which he said I could have. later a document was written up which had provisos that I would have to pass the exams before the next training would be available.
I asked if this was now my manager and I was told no I was still working for the aggressive financial controller. This was about 2 years ago and things were relatively peaceful apart form the accountant telling everyone that she was now my manager which I questioned HR about and was basically told 'tough' that they couldn't do anything about it.
Then three months ago a worker on the factory floor was given some jobs to do that are in my job description and that I am responsible for to "stop us from loosing him". I was also prevented form being involved in some software projects which had also formed some of my workload. These little jobs filled In the time and I had less and less to do as my responsibilities were whittled away.
This month I have been "Selected" as being made redundant "Supposedly at risk" because. the company does not require my position anymore an they will distribute it among other workers. The fact is that I feel that I have been set up for a fall by the financial controller.
The person selecting the redundancies is the very same financial controller that I had to take to HR.
Is there a case to be heard here for a potential unfair dismissal?
In addition to this during the at risk part of the process and interim role was advertised which is basically my job function and then just before my final consultation another unqualified employee was tasked to actually do my job for a major client, this was explained as a work around.
Compounding this is the fact that during my redundancy consultation my director sated that my redundancy terms would be based on full salary and not statutory as I had requested, but the MD refused to honour that agreement. I have also been offered work by my employer as I am setting up my own consultancy as a Ltd company and my director stated to me that he couldn't use me if I threatened legal action.
So my question is were do I stand, I have been guaranteed statutory redundancy but feel I have been used and cheated
My company are going to be making peole redundant soon, there people still in their probation period. Will the company have to let them go before they make people that have been working with them for over a year?
Thanks
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