Statutory redundancy pay: how the calculation works
Statutory redundancy pay is calculated using three variables: age, complete years of service (up to 20), and weekly pay (capped at £643 per week from April 2024). The multiplier is 0.5 weeks for each year worked under age 22, 1 week for each year aged 22–40, and 1.5 weeks for each year aged 41 and above.
As a worked example: an employee aged 38 with 8 years of service on a £35,000 salary (weekly pay £673, capped at £643) would receive 8 × 1 × £643 = £5,144 in statutory redundancy pay. The first £30,000 of redundancy payments is generally free from income tax.
Many employers offer enhanced redundancy terms beyond the statutory minimum, particularly for longer-serving employees. Where enhanced terms exist, document them clearly in employment contracts or a standalone redundancy policy so they are enforceable and consistently applied.
Notice pay and payment in lieu of notice
Statutory minimum notice is one week for each complete year of service, up to a maximum of 12 weeks. Contracts often specify longer notice periods, in which case the contractual period applies. Notice must be served or bought out — whichever is the right approach depends on the circumstances and contract terms.
Payment in lieu of notice (PILON) is taxed as earnings where there is a contractual PILON clause. Where there is no contractual right, tax treatment is more complex; take payroll or legal advice before paying PILON without a clause. Accrued but untaken holiday must also be paid out on termination.
Include notice and holiday pay in your redundancy cost model from the outset. Both are legal obligations and are easily missed when the focus is on the headline redundancy payment. For a £35,000 employee with 3 months notice, PILON represents approximately £8,750, which can dwarf the statutory redundancy amount.
Process steps and consultation obligations
For individual redundancies, employers must follow a fair process: establish a genuine redundancy situation, apply fair selection criteria, consult meaningfully with the affected employee, and consider suitable alternative roles. For 20 or more redundancies in 90 days, collective consultation rules apply and minimum 45-day consultation periods are required.
Documentation is as important as the arithmetic. Keep consultation records, scoring evidence, meeting notes and all written communications. Employment tribunals frequently find in employees' favour not because the redundancy was commercially unjustified but because the process was flawed or inconsistently applied.
If using a scoring matrix for selection, apply it consistently and document rationale for each decision. Avoid criteria that could be directly or indirectly discriminatory, such as selecting solely on absence records where protected characteristics are linked to the absences.
Total cost modelling for redundancy decisions
A complete redundancy cost model should include: statutory redundancy pay, contractual notice or PILON, accrued holiday pay, any enhanced terms, settlement agreement value where applicable, and professional support costs. It should also include the ongoing salary saving used to justify the decision.
Calculate the payback period: total redundancy cost divided by monthly salary saving gives the number of months before the business breaks even. For a £35,000 role costing £18,000 to exit, with a monthly saving of £2,916, payback is approximately 6.2 months. Decisions made without this figure tend to be harder to defend at senior review.
Where settlement is likely, model a realistic settlement scenario alongside the statutory baseline. Settlement agreements typically exceed the statutory minimum in exchange for a waiver of employment tribunal claims. Legal costs, both employer-side and the contribution to employee advice, should be included in the settlement total.
Reducing operational and legal risk
The most common redundancy legal risks are: failure to consult meaningfully, inconsistent selection criteria, failure to consider alternative roles, and procedural irregularities (wrong notice, wrong pay). Addressing these before the process starts is cheaper than resolving them after an employment tribunal claim.
Brief line managers before any employee-facing meetings. Inconsistent messages between HR and line management, or promises made informally by managers, can undermine process integrity. Use a script or talking points for difficult conversations.
Where legal risk is elevated — for example where the employee has or may claim a protected characteristic, or where unfair dismissal risk is real — take employment law advice before serving notice. The cost of early legal advice is almost always less than tribunal defence costs.
Stop doing this by hand — Sage Payroll works out employer NI, pension auto-enrolment, statutory sick and maternity pay and files RTI to HMRC automatically for UK employers. Try Sage Payroll →
Affiliate link — we may earn a commission if you sign up, at no extra cost to you.