My company has run bankrupt and I have been made redundant without any formal notice after working as a full time employee for 10 years . I have lost my job and benefits. Can i apply to the government for a redundancy payment?

They might:

Your rights if your employer is insolvent

Overview

Your employer is insolvent if it cannot pay its debts.

They might:

make you redundant

ask you to keep working

transfer you to a new employer (if the business has been sold)

There are different types of insolvency:

administration

liquidation

bankruptcy

receivership

company voluntary arrangement

individual voluntary arrangement

debt relief order

Check if your employer is insolvent.

Depending on your situation, you can apply to the government for:

a redundancy payment

holiday pay

outstanding payments like unpaid wages, overtime and commission

money you would have earned working your notice period (‘statutory notice pay’)

You may be eligible for unemployment benefits if you lose your job. If you do not apply for benefits after you lose your job, you might get less money in your statutory notice pay payment.

Your rights

You have different rights depending on whether your employer:

makes you redundant (dismisses you)

asks you to keep working

transfers you to a new employer (if the business has been sold)

Your employer must have a consultation about why redundancies are happening and if there are any alternatives - they do not have to consult you directly.

If you’re made redundant

You’re made redundant if you’re dismissed from your job.

The person who is dealing with the insolvency (the ‘insolvency practitioner’ or ‘official receiver’) must tell you how your job is affected and what to do next.

They’ll also give you a:

RP1 fact sheet

‘CN’ (case reference) number to use when you apply for money you’re owed

You can apply to the government for:

a redundancy payment

holiday pay

Businesses can go through more than one insolvency. You cannot claim outstanding payments between the day of the first insolvency and the day you were dismissed, even if you did not know about the previous insolvency.

You can also apply to the court for compensation if you think you were dismissed unfairly or not consulted properly.

Compensation because you were dismissed unfairly

You can make a claim to the employment tribunal if:

you were dismissed unfairly (‘basic award’)

there was not a consultation about your redundancy (‘protective award’)

You’ll be claiming against the Secretary of State for Business, Energy and Industrial Strategy and your former employer (‘the respondents’).

If you continue working after the insolvency

You might be asked to continue working for your employer after they become insolvent.

You’ll still be eligible to claim for redundancy pay and other money you’re owed if you’re made redundant at a later date.

You cannot claim holiday pay, wages, bonuses or commission that you’re owed between the day of the insolvency and the day you were dismissed.

If you’re transferred to a new employer

You cannot claim any money from the government if you were transferred before your former employer became insolvent.

If you were transferred afterwards, you can apply for redundancy pay, statutory notice pay and outstanding payments such holiday pay, wages, commission and bonuses.

What you can get

What money you’re entitled to depends on:

how long you were employed

what was in your employment contract

your age

Payments are capped.

Redundancy pay

You’re normally entitled to redundancy pay if you:

have been made redundant

were an employee

were continuously employed by the insolvent business for 2 years or more

You’ll get:

half a week’s pay for each full year you were employed and under 22 years old

one week’s pay for each full year you were employed and between 22 and 40 years old

one and half week’s pay for each full year you were employed and 41 or older

Redundancy payments are capped at £544 a week (£538 if you were made redundant before 6 April 2021).

You can get a payment for a maximum of 20 years that you were employed at the business.

Calculate your redundancy pay.

Wages and other money you’re owed

You can apply for unpaid wages and other money you’re owed by your employer, for example bonuses, overtime and commission.

You’re only entitled to money that’s in your employment contract.

You’ll get up to 8 weeks of money you’re owed. It counts as a week even if you’re only owed money for a few days.

Payments for wages and other money you’re owed are capped at £544 a week (£538 if you were made redundant before 6 April 2021).

You pay income tax and National Insurance when you get unpaid wages and other money you’re owed. You might be able to claim a tax refund if you’ve paid too much.

Holiday pay

You can get paid for:

holiday days owed that you did not take (‘holiday pay accrued’)

holiday days you took but were not paid for (‘holiday pay taken’)

You’re only paid for holidays you took or accrued in the 12 months before your employer became insolvent.

You’ll only get payments for up to 6 weeks of holiday days. Holiday pay is capped at £544 per week (£538 per week if your employer went insolvent before 6 April 2021).

You pay income tax and National Insurance on your holiday payment. You might be able to claim a tax refund if you’ve paid too much.

Statutory notice pay

You’re entitled to a paid notice period when you’re made redundant, even if it is not in your contract.

You can claim for statutory notice pay if you:

did not work a notice period

worked some of your notice period

worked an unpaid notice period

Your statutory notice pay is worked out as one week’s notice for every year you were employed, up to a maximum of twelve weeks.

Payments are capped at £544 per week (£538 if you were made redundant before 6 April 2021).

Pension contributions

Contact the insolvency practitioner or official receiver if you’re missing contributions to your pension.

Apply for money you're owed

You’re eligible to apply if:

you were an employee

you’re a UK or EEA national (or a foreign national with permission to work in the UK)

If you’re not eligible (for example you’re a contractor) register as a creditor instead.

Apply for redundancy, unpaid wages and holiday within 6 months of being dismissed. You request to claim for loss of notice pay (‘statutory notice pay’) in your application.

If you requested to claim statutory notice pay, you’ll get sent a letter telling you when you can apply.

Claiming for redundancy, unpaid wages and holiday pay

You can apply as soon as you’ve been made redundant. The person dealing with the insolvency (the ‘insolvency practitioner’ or ‘official receiver’) will give you a ‘CN’ (case reference) number. You cannot claim without the CN number.

You must apply for redundancy pay within 6 months of being dismissed.

The application will ask if you want to apply for statutory notice pay. Choosing ‘Yes’ does not mean you’ve applied. You’ll be told when to apply.

Apply for redundancy, unpaid wages and holiday online.

Claiming for loss of notice pay (‘statutory notice pay’)

You need an ‘LN’ reference number to make a claim. It’ll be sent after your notice period would have ended. This is usually no more than 12 weeks after you’re dismissed.

You must apply for redundancy first - even if you’re not owed any money.

Employees at the same business can have different notice periods.

Once you have the LN reference number, claim online for loss of notice.

Money you get (or could have got) by claiming benefits will be deducted from your payment.

Help completing the online forms

Contact the Redundancy Payments Service if you have queries about completing the online forms. You’ll need your case reference number or National Insurance number.

You cannot currently call the Redundancy Payments Service.

After you apply

It usually takes up to 6 weeks to get your payment but can take longer.

Your information will be checked against the employer’s records, for example how much holiday you had accrued. You’ll only get a payment if the records show you’re owed money.

Any benefits you’re eligible to claim will be deducted from your statutory notice payment (even if you did not claim them).

If your application is rejected

Contact the Redundancy Payments Service - they’ll explain why your claim was rejected.

You can make a claim to the employment tribunal if you disagree with the decision. You’ll be claiming against the Secretary of State for Business Energy and Industrial Strategy and your former employer (‘the respondents’).

Help and advice

Contact the Redundancy Payments Service if you need help. You’ll need your case reference number or National Insurance number.

Help finding a new job

Contact your local Jobcentre Plus and ask for their Rapid Response Service for help finding a new job.

You’ll be able to use the service for up to 13 weeks after you’re made redundant.  You must have started your notice period to be eligible.

Get help to find a new job, improve your skills and claim benefits.

ask you to keep working

Overview

Your employer is insolvent if it cannot pay its debts.

They might:

make you redundant

ask you to keep working

transfer you to a new employer (if the business has been sold)

There are different types of insolvency:

administration

liquidation

bankruptcy

receivership

company voluntary arrangement

individual voluntary arrangement

debt relief order

Check if your employer is insolvent.

Depending on your situation, you can apply to the government for:

a redundancy payment

holiday pay

outstanding payments like unpaid wages, overtime and commission

money you would have earned working your notice period (‘statutory notice pay’)

Your rights

You have different rights depending on whether your employer:

makes you redundant (dismisses you)

asks you to keep working

transfers you to a new employer (if the business has been sold)

Your employer must have a consultation about why redundancies are happening and if there are any alternatives - they do not have to consult you directly.

If you’re made redundant

You’re made redundant if you’re dismissed from your job.

The person who is dealing with the insolvency (the ‘insolvency practitioner’ or ‘official receiver’) must tell you how your job is affected and what to do next.

They’ll also give you a:

RP1 fact sheet

‘CN’ (case reference) number to use when you apply for money you’re owed

You can apply to the government for:

a redundancy payment

holiday pay

You can also apply to the court for compensation if you think you were dismissed unfairly or not consulted properly.

Compensation because you were dismissed unfairly

You can make a claim to the employment tribunal if:

you were dismissed unfairly (‘basic award’)

there was not a consultation about your redundancy (‘protective award’)

You’ll be claiming against the Secretary of State for Business, Energy and Industrial Strategy and your former employer (‘the respondents’).

If you continue working after the insolvency

You might be asked to continue working for your employer after they become insolvent.

You’ll still be eligible to claim for redundancy pay and other money you’re owed if you’re made redundant at a later date.

You cannot claim holiday pay, wages, bonuses or commission that you’re owed between the day of the insolvency and the day you were dismissed.

If you’re transferred to a new employer

You cannot claim any money from the government if you were transferred before your former employer became insolvent.

If you were transferred afterwards, you can apply for redundancy pay, statutory notice pay and outstanding payments such holiday pay, wages, commission and bonuses.

What you can get

What money you’re entitled to depends on:

how long you were employed

what was in your employment contract

your age

Payments are capped.

Redundancy pay

You’re normally entitled to redundancy pay if you:

have been made redundant

were an employee

were continuously employed by the insolvent business for 2 years or more

You’ll get:

half a week’s pay for each full year you were employed and under 22 years old

one week’s pay for each full year you were employed and between 22 and 40 years old

one and half week’s pay for each full year you were employed and 41 or older

Redundancy payments are capped at £544 a week (£538 if you were made redundant before 6 April 2021).

You can get a payment for a maximum of 20 years that you were employed at the business.

Calculate your redundancy pay.

Wages and other money you’re owed

You can apply for unpaid wages and other money you’re owed by your employer, for example bonuses, overtime and commission.

You’re only entitled to money that’s in your employment contract.

You’ll get up to 8 weeks of money you’re owed. It counts as a week even if you’re only owed money for a few days.

Payments for wages and other money you’re owed are capped at £544 a week (£538 if you were made redundant before 6 April 2021).

You pay income tax and National Insurance when you get unpaid wages and other money you’re owed. You might be able to claim a tax refund if you’ve paid too much.

Holiday pay

You can get paid for:

holiday days owed that you did not take (‘holiday pay accrued’)

holiday days you took but were not paid for (‘holiday pay taken’)

You’re only paid for holidays you took or accrued in the 12 months before your employer became insolvent.

You’ll only get payments for up to 6 weeks of holiday days. Holiday pay is capped at £544 per week (£538 per week if your employer went insolvent before 6 April 2021).

You pay income tax and National Insurance on your holiday payment. You might be able to claim a tax refund if you’ve paid too much.

Statutory notice pay

You’re entitled to a paid notice period when you’re made redundant, even if it is not in your contract.

You can claim for statutory notice pay if you:

did not work a notice period

worked some of your notice period

worked an unpaid notice period

Your statutory notice pay is worked out as one week’s notice for every year you were employed, up to a maximum of twelve weeks.

Payments are capped at £544 per week (£538 if you were made redundant before 6 April 2021).

Pension contributions

Contact the insolvency practitioner or official receiver if you’re missing contributions to your pension.

Apply for money you're owed

You’re eligible to apply if:

you were an employee

you’re a UK or EEA national (or a foreign national with permission to work in the UK)

If you’re not eligible (for example you’re a contractor) register as a creditor instead.

If you requested to claim statutory notice pay, you’ll get sent a letter telling you when you can apply.

Claiming for redundancy, unpaid wages and holiday pay

You must apply for redundancy pay within 6 months of being dismissed.

The application will ask if you want to apply for statutory notice pay. Choosing ‘Yes’ does not mean you’ve applied. You’ll be told when to apply.

Apply for redundancy, unpaid wages and holiday online.

Claiming for loss of notice pay (‘statutory notice pay’)

You need an ‘LN’ reference number to make a claim. It’ll be sent after your notice period would have ended. This is usually no more than 12 weeks after you’re dismissed.

You must apply for redundancy first - even if you’re not owed any money.

Employees at the same business can have different notice periods.

Once you have the LN reference number, claim online for loss of notice.

Money you get (or could have got) by claiming benefits will be deducted from your payment.

Help completing the online forms

Contact the Redundancy Payments Service if you have queries about completing the online forms. You’ll need your case reference number or National Insurance number.

You cannot currently call the Redundancy Payments Service.

After you apply

It usually takes up to 6 weeks to get your payment but can take longer.

Any benefits you’re eligible to claim will be deducted from your statutory notice payment (even if you did not claim them).

If your application is rejected

Contact the Redundancy Payments Service - they’ll explain why your claim was rejected.

Help and advice

Contact the Redundancy Payments Service if you need help. You’ll need your case reference number or National Insurance number.

Help finding a new job

Contact your local Jobcentre Plus and ask for their Rapid Response Service for help finding a new job.

You’ll be able to use the service for up to 13 weeks after you’re made redundant.  You must have started your notice period to be eligible.

Get help to find a new job, improve your skills and claim benefits.

Depending on your situation, you can apply to the government for:

Overview

Your employer is insolvent if it cannot pay its debts.

They might:

make you redundant

ask you to keep working

transfer you to a new employer (if the business has been sold)

There are different types of insolvency:

administration

liquidation

bankruptcy

receivership

company voluntary arrangement

individual voluntary arrangement

debt relief order

Check if your employer is insolvent.

a redundancy payment

holiday pay

outstanding payments like unpaid wages, overtime and commission

money you would have earned working your notice period (‘statutory notice pay’)

Your rights

You have different rights depending on whether your employer:

makes you redundant (dismisses you)

asks you to keep working

transfers you to a new employer (if the business has been sold)

Your employer must have a consultation about why redundancies are happening and if there are any alternatives - they do not have to consult you directly.

If you’re made redundant

You’re made redundant if you’re dismissed from your job.

The person who is dealing with the insolvency (the ‘insolvency practitioner’ or ‘official receiver’) must tell you how your job is affected and what to do next.

They’ll also give you a:

RP1 fact sheet

‘CN’ (case reference) number to use when you apply for money you’re owed

You can apply to the government for:

a redundancy payment

holiday pay

You can also apply to the court for compensation if you think you were dismissed unfairly or not consulted properly.

Compensation because you were dismissed unfairly

You can make a claim to the employment tribunal if:

you were dismissed unfairly (‘basic award’)

there was not a consultation about your redundancy (‘protective award’)

You’ll be claiming against the Secretary of State for Business, Energy and Industrial Strategy and your former employer (‘the respondents’).

If you continue working after the insolvency

You might be asked to continue working for your employer after they become insolvent.

You’ll still be eligible to claim for redundancy pay and other money you’re owed if you’re made redundant at a later date.

You cannot claim holiday pay, wages, bonuses or commission that you’re owed between the day of the insolvency and the day you were dismissed.

If you’re transferred to a new employer

You cannot claim any money from the government if you were transferred before your former employer became insolvent.

If you were transferred afterwards, you can apply for redundancy pay, statutory notice pay and outstanding payments such holiday pay, wages, commission and bonuses.

What you can get

What money you’re entitled to depends on:

how long you were employed

what was in your employment contract

your age

Payments are capped.

Redundancy pay

You’re normally entitled to redundancy pay if you:

have been made redundant

were an employee

were continuously employed by the insolvent business for 2 years or more

You’ll get:

half a week’s pay for each full year you were employed and under 22 years old

one week’s pay for each full year you were employed and between 22 and 40 years old

one and half week’s pay for each full year you were employed and 41 or older

Redundancy payments are capped at £544 a week (£538 if you were made redundant before 6 April 2021).

You can get a payment for a maximum of 20 years that you were employed at the business.

Calculate your redundancy pay.

Wages and other money you’re owed

You can apply for unpaid wages and other money you’re owed by your employer, for example bonuses, overtime and commission.

You’re only entitled to money that’s in your employment contract.

You’ll get up to 8 weeks of money you’re owed. It counts as a week even if you’re only owed money for a few days.

Payments for wages and other money you’re owed are capped at £544 a week (£538 if you were made redundant before 6 April 2021).

You pay income tax and National Insurance when you get unpaid wages and other money you’re owed. You might be able to claim a tax refund if you’ve paid too much.

Holiday pay

You can get paid for:

holiday days owed that you did not take (‘holiday pay accrued’)

holiday days you took but were not paid for (‘holiday pay taken’)

You’re only paid for holidays you took or accrued in the 12 months before your employer became insolvent.

You’ll only get payments for up to 6 weeks of holiday days. Holiday pay is capped at £544 per week (£538 per week if your employer went insolvent before 6 April 2021).

You pay income tax and National Insurance on your holiday payment. You might be able to claim a tax refund if you’ve paid too much.

Statutory notice pay

You’re entitled to a paid notice period when you’re made redundant, even if it is not in your contract.

You can claim for statutory notice pay if you:

did not work a notice period

worked some of your notice period

worked an unpaid notice period

Your statutory notice pay is worked out as one week’s notice for every year you were employed, up to a maximum of twelve weeks.

Payments are capped at £544 per week (£538 if you were made redundant before 6 April 2021).

Pension contributions

Contact the insolvency practitioner or official receiver if you’re missing contributions to your pension.

Apply for money you're owed

You’re eligible to apply if:

you were an employee

you’re a UK or EEA national (or a foreign national with permission to work in the UK)

If you’re not eligible (for example you’re a contractor) register as a creditor instead.

If you requested to claim statutory notice pay, you’ll get sent a letter telling you when you can apply.

Claiming for redundancy, unpaid wages and holiday pay

You must apply for redundancy pay within 6 months of being dismissed.

The application will ask if you want to apply for statutory notice pay. Choosing ‘Yes’ does not mean you’ve applied. You’ll be told when to apply.

Apply for redundancy, unpaid wages and holiday online.

Claiming for loss of notice pay (‘statutory notice pay’)

You need an ‘LN’ reference number to make a claim. It’ll be sent after your notice period would have ended. This is usually no more than 12 weeks after you’re dismissed.

You must apply for redundancy first - even if you’re not owed any money.

Employees at the same business can have different notice periods.

Once you have the LN reference number, claim online for loss of notice.

Money you get (or could have got) by claiming benefits will be deducted from your payment.

Help completing the online forms

Contact the Redundancy Payments Service if you have queries about completing the online forms. You’ll need your case reference number or National Insurance number.

You cannot currently call the Redundancy Payments Service.

After you apply

It usually takes up to 6 weeks to get your payment but can take longer.

Any benefits you’re eligible to claim will be deducted from your statutory notice payment (even if you did not claim them).

If your application is rejected

Contact the Redundancy Payments Service - they’ll explain why your claim was rejected.

Help and advice

Contact the Redundancy Payments Service if you need help. You’ll need your case reference number or National Insurance number.

Help finding a new job

Contact your local Jobcentre Plus and ask for their Rapid Response Service for help finding a new job.

You’ll be able to use the service for up to 13 weeks after you’re made redundant.  You must have started your notice period to be eligible.

Get help to find a new job, improve your skills and claim benefits.

a redundancy payment

Overview

Your employer is insolvent if it cannot pay its debts.

They might:

make you redundant

ask you to keep working

transfer you to a new employer (if the business has been sold)

There are different types of insolvency:

administration

liquidation

bankruptcy

receivership

company voluntary arrangement

individual voluntary arrangement

debt relief order

Check if your employer is insolvent.

Depending on your situation, you can apply to the government for:

a redundancy payment

holiday pay

outstanding payments like unpaid wages, overtime and commission

money you would have earned working your notice period (‘statutory notice pay’)

Your rights

You have different rights depending on whether your employer:

makes you redundant (dismisses you)

asks you to keep working

transfers you to a new employer (if the business has been sold)

Your employer must have a consultation about why redundancies are happening and if there are any alternatives - they do not have to consult you directly.

If you’re made redundant

You’re made redundant if you’re dismissed from your job.

The person who is dealing with the insolvency (the ‘insolvency practitioner’ or ‘official receiver’) must tell you how your job is affected and what to do next.

They’ll also give you a:

RP1 fact sheet

‘CN’ (case reference) number to use when you apply for money you’re owed

You can apply to the government for:

a redundancy payment

holiday pay

You can also apply to the court for compensation if you think you were dismissed unfairly or not consulted properly.

Compensation because you were dismissed unfairly

You can make a claim to the employment tribunal if:

you were dismissed unfairly (‘basic award’)

there was not a consultation about your redundancy (‘protective award’)

You’ll be claiming against the Secretary of State for Business, Energy and Industrial Strategy and your former employer (‘the respondents’).

If you continue working after the insolvency

You might be asked to continue working for your employer after they become insolvent.

You’ll still be eligible to claim for redundancy pay and other money you’re owed if you’re made redundant at a later date.

You cannot claim holiday pay, wages, bonuses or commission that you’re owed between the day of the insolvency and the day you were dismissed.

If you’re transferred to a new employer

You cannot claim any money from the government if you were transferred before your former employer became insolvent.

If you were transferred afterwards, you can apply for redundancy pay, statutory notice pay and outstanding payments such holiday pay, wages, commission and bonuses.

What you can get

What money you’re entitled to depends on:

how long you were employed

what was in your employment contract

your age

Payments are capped.

Redundancy pay

You’re normally entitled to redundancy pay if you:

have been made redundant

were an employee

were continuously employed by the insolvent business for 2 years or more

You’ll get:

half a week’s pay for each full year you were employed and under 22 years old

one week’s pay for each full year you were employed and between 22 and 40 years old

one and half week’s pay for each full year you were employed and 41 or older

Redundancy payments are capped at £544 a week (£538 if you were made redundant before 6 April 2021).

You can get a payment for a maximum of 20 years that you were employed at the business.

Calculate your redundancy pay.

Wages and other money you’re owed

You can apply for unpaid wages and other money you’re owed by your employer, for example bonuses, overtime and commission.

You’re only entitled to money that’s in your employment contract.

You’ll get up to 8 weeks of money you’re owed. It counts as a week even if you’re only owed money for a few days.

Payments for wages and other money you’re owed are capped at £544 a week (£538 if you were made redundant before 6 April 2021).

You pay income tax and National Insurance when you get unpaid wages and other money you’re owed. You might be able to claim a tax refund if you’ve paid too much.

Holiday pay

You can get paid for:

holiday days owed that you did not take (‘holiday pay accrued’)

holiday days you took but were not paid for (‘holiday pay taken’)

You’re only paid for holidays you took or accrued in the 12 months before your employer became insolvent.

You’ll only get payments for up to 6 weeks of holiday days. Holiday pay is capped at £544 per week (£538 per week if your employer went insolvent before 6 April 2021).

You pay income tax and National Insurance on your holiday payment. You might be able to claim a tax refund if you’ve paid too much.

Statutory notice pay

You’re entitled to a paid notice period when you’re made redundant, even if it is not in your contract.

You can claim for statutory notice pay if you:

did not work a notice period

worked some of your notice period

worked an unpaid notice period

Your statutory notice pay is worked out as one week’s notice for every year you were employed, up to a maximum of twelve weeks.

Payments are capped at £544 per week (£538 if you were made redundant before 6 April 2021).

Pension contributions

Contact the insolvency practitioner or official receiver if you’re missing contributions to your pension.

Apply for money you're owed

You’re eligible to apply if:

you were an employee

you’re a UK or EEA national (or a foreign national with permission to work in the UK)

If you’re not eligible (for example you’re a contractor) register as a creditor instead.

If you requested to claim statutory notice pay, you’ll get sent a letter telling you when you can apply.

Claiming for redundancy, unpaid wages and holiday pay

You must apply for redundancy pay within 6 months of being dismissed.

The application will ask if you want to apply for statutory notice pay. Choosing ‘Yes’ does not mean you’ve applied. You’ll be told when to apply.

Apply for redundancy, unpaid wages and holiday online.

Claiming for loss of notice pay (‘statutory notice pay’)

You need an ‘LN’ reference number to make a claim. It’ll be sent after your notice period would have ended. This is usually no more than 12 weeks after you’re dismissed.

You must apply for redundancy first - even if you’re not owed any money.

Employees at the same business can have different notice periods.

Once you have the LN reference number, claim online for loss of notice.

Money you get (or could have got) by claiming benefits will be deducted from your payment.

Help completing the online forms

Contact the Redundancy Payments Service if you have queries about completing the online forms. You’ll need your case reference number or National Insurance number.

You cannot currently call the Redundancy Payments Service.

After you apply

It usually takes up to 6 weeks to get your payment but can take longer.

Any benefits you’re eligible to claim will be deducted from your statutory notice payment (even if you did not claim them).

If your application is rejected

Contact the Redundancy Payments Service - they’ll explain why your claim was rejected.

Help and advice

Contact the Redundancy Payments Service if you need help. You’ll need your case reference number or National Insurance number.

Help finding a new job

Contact your local Jobcentre Plus and ask for their Rapid Response Service for help finding a new job.

You’ll be able to use the service for up to 13 weeks after you’re made redundant.  You must have started your notice period to be eligible.

Get help to find a new job, improve your skills and claim benefits.

You have different rights depending on whether your employer:

Overview

Your employer is insolvent if it cannot pay its debts.

They might:

make you redundant

ask you to keep working

transfer you to a new employer (if the business has been sold)

There are different types of insolvency:

administration

liquidation

bankruptcy

receivership

company voluntary arrangement

individual voluntary arrangement

debt relief order

Check if your employer is insolvent.

Depending on your situation, you can apply to the government for:

a redundancy payment

holiday pay

outstanding payments like unpaid wages, overtime and commission

money you would have earned working your notice period (‘statutory notice pay’)

Your rights

makes you redundant (dismisses you)

asks you to keep working

transfers you to a new employer (if the business has been sold)

Your employer must have a consultation about why redundancies are happening and if there are any alternatives - they do not have to consult you directly.

If you’re made redundant

You’re made redundant if you’re dismissed from your job.

The person who is dealing with the insolvency (the ‘insolvency practitioner’ or ‘official receiver’) must tell you how your job is affected and what to do next.

They’ll also give you a:

RP1 fact sheet

‘CN’ (case reference) number to use when you apply for money you’re owed

You can apply to the government for:

a redundancy payment

holiday pay

You can also apply to the court for compensation if you think you were dismissed unfairly or not consulted properly.

Compensation because you were dismissed unfairly

You can make a claim to the employment tribunal if:

you were dismissed unfairly (‘basic award’)

there was not a consultation about your redundancy (‘protective award’)

You’ll be claiming against the Secretary of State for Business, Energy and Industrial Strategy and your former employer (‘the respondents’).

If you continue working after the insolvency

You might be asked to continue working for your employer after they become insolvent.

You’ll still be eligible to claim for redundancy pay and other money you’re owed if you’re made redundant at a later date.

You cannot claim holiday pay, wages, bonuses or commission that you’re owed between the day of the insolvency and the day you were dismissed.

If you’re transferred to a new employer

You cannot claim any money from the government if you were transferred before your former employer became insolvent.

If you were transferred afterwards, you can apply for redundancy pay, statutory notice pay and outstanding payments such holiday pay, wages, commission and bonuses.

What you can get

What money you’re entitled to depends on:

how long you were employed

what was in your employment contract

your age

Payments are capped.

Redundancy pay

You’re normally entitled to redundancy pay if you:

have been made redundant

were an employee

were continuously employed by the insolvent business for 2 years or more

You’ll get:

half a week’s pay for each full year you were employed and under 22 years old

one week’s pay for each full year you were employed and between 22 and 40 years old

one and half week’s pay for each full year you were employed and 41 or older

Redundancy payments are capped at £544 a week (£538 if you were made redundant before 6 April 2021).

You can get a payment for a maximum of 20 years that you were employed at the business.

Calculate your redundancy pay.

Wages and other money you’re owed

You can apply for unpaid wages and other money you’re owed by your employer, for example bonuses, overtime and commission.

You’re only entitled to money that’s in your employment contract.

You’ll get up to 8 weeks of money you’re owed. It counts as a week even if you’re only owed money for a few days.

Payments for wages and other money you’re owed are capped at £544 a week (£538 if you were made redundant before 6 April 2021).

You pay income tax and National Insurance when you get unpaid wages and other money you’re owed. You might be able to claim a tax refund if you’ve paid too much.

Holiday pay

You can get paid for:

holiday days owed that you did not take (‘holiday pay accrued’)

holiday days you took but were not paid for (‘holiday pay taken’)

You’re only paid for holidays you took or accrued in the 12 months before your employer became insolvent.

You’ll only get payments for up to 6 weeks of holiday days. Holiday pay is capped at £544 per week (£538 per week if your employer went insolvent before 6 April 2021).

You pay income tax and National Insurance on your holiday payment. You might be able to claim a tax refund if you’ve paid too much.

Statutory notice pay

You’re entitled to a paid notice period when you’re made redundant, even if it is not in your contract.

You can claim for statutory notice pay if you:

did not work a notice period

worked some of your notice period

worked an unpaid notice period

Your statutory notice pay is worked out as one week’s notice for every year you were employed, up to a maximum of twelve weeks.

Payments are capped at £544 per week (£538 if you were made redundant before 6 April 2021).

Pension contributions

Contact the insolvency practitioner or official receiver if you’re missing contributions to your pension.

Apply for money you're owed

You’re eligible to apply if:

you were an employee

you’re a UK or EEA national (or a foreign national with permission to work in the UK)

If you’re not eligible (for example you’re a contractor) register as a creditor instead.

If you requested to claim statutory notice pay, you’ll get sent a letter telling you when you can apply.

Claiming for redundancy, unpaid wages and holiday pay

You must apply for redundancy pay within 6 months of being dismissed.

The application will ask if you want to apply for statutory notice pay. Choosing ‘Yes’ does not mean you’ve applied. You’ll be told when to apply.

Apply for redundancy, unpaid wages and holiday online.

Claiming for loss of notice pay (‘statutory notice pay’)

You need an ‘LN’ reference number to make a claim. It’ll be sent after your notice period would have ended. This is usually no more than 12 weeks after you’re dismissed.

You must apply for redundancy first - even if you’re not owed any money.

Employees at the same business can have different notice periods.

Once you have the LN reference number, claim online for loss of notice.

Money you get (or could have got) by claiming benefits will be deducted from your payment.

Help completing the online forms

Contact the Redundancy Payments Service if you have queries about completing the online forms. You’ll need your case reference number or National Insurance number.

You cannot currently call the Redundancy Payments Service.

After you apply

It usually takes up to 6 weeks to get your payment but can take longer.

Any benefits you’re eligible to claim will be deducted from your statutory notice payment (even if you did not claim them).

If your application is rejected

Contact the Redundancy Payments Service - they’ll explain why your claim was rejected.

Help and advice

Contact the Redundancy Payments Service if you need help. You’ll need your case reference number or National Insurance number.

Help finding a new job

Contact your local Jobcentre Plus and ask for their Rapid Response Service for help finding a new job.

You’ll be able to use the service for up to 13 weeks after you’re made redundant.  You must have started your notice period to be eligible.

Get help to find a new job, improve your skills and claim benefits.

asks you to keep working

Overview

Your employer is insolvent if it cannot pay its debts.

They might:

make you redundant

ask you to keep working

transfer you to a new employer (if the business has been sold)

There are different types of insolvency:

administration

liquidation

bankruptcy

receivership

company voluntary arrangement

individual voluntary arrangement

debt relief order

Check if your employer is insolvent.

Depending on your situation, you can apply to the government for:

a redundancy payment

holiday pay

outstanding payments like unpaid wages, overtime and commission

money you would have earned working your notice period (‘statutory notice pay’)

Your rights

You have different rights depending on whether your employer:

makes you redundant (dismisses you)

asks you to keep working

transfers you to a new employer (if the business has been sold)

Your employer must have a consultation about why redundancies are happening and if there are any alternatives - they do not have to consult you directly.

If you’re made redundant

You’re made redundant if you’re dismissed from your job.

The person who is dealing with the insolvency (the ‘insolvency practitioner’ or ‘official receiver’) must tell you how your job is affected and what to do next.

They’ll also give you a:

RP1 fact sheet

‘CN’ (case reference) number to use when you apply for money you’re owed

You can apply to the government for:

a redundancy payment

holiday pay

You can also apply to the court for compensation if you think you were dismissed unfairly or not consulted properly.

Compensation because you were dismissed unfairly

You can make a claim to the employment tribunal if:

you were dismissed unfairly (‘basic award’)

there was not a consultation about your redundancy (‘protective award’)

You’ll be claiming against the Secretary of State for Business, Energy and Industrial Strategy and your former employer (‘the respondents’).

If you continue working after the insolvency

You might be asked to continue working for your employer after they become insolvent.

You’ll still be eligible to claim for redundancy pay and other money you’re owed if you’re made redundant at a later date.

You cannot claim holiday pay, wages, bonuses or commission that you’re owed between the day of the insolvency and the day you were dismissed.

If you’re transferred to a new employer

You cannot claim any money from the government if you were transferred before your former employer became insolvent.

If you were transferred afterwards, you can apply for redundancy pay, statutory notice pay and outstanding payments such holiday pay, wages, commission and bonuses.

What you can get

What money you’re entitled to depends on:

how long you were employed

what was in your employment contract

your age

Payments are capped.

Redundancy pay

You’re normally entitled to redundancy pay if you:

have been made redundant

were an employee

were continuously employed by the insolvent business for 2 years or more

You’ll get:

half a week’s pay for each full year you were employed and under 22 years old

one week’s pay for each full year you were employed and between 22 and 40 years old

one and half week’s pay for each full year you were employed and 41 or older

Redundancy payments are capped at £544 a week (£538 if you were made redundant before 6 April 2021).

You can get a payment for a maximum of 20 years that you were employed at the business.

Calculate your redundancy pay.

Wages and other money you’re owed

You can apply for unpaid wages and other money you’re owed by your employer, for example bonuses, overtime and commission.

You’re only entitled to money that’s in your employment contract.

You’ll get up to 8 weeks of money you’re owed. It counts as a week even if you’re only owed money for a few days.

Payments for wages and other money you’re owed are capped at £544 a week (£538 if you were made redundant before 6 April 2021).

You pay income tax and National Insurance when you get unpaid wages and other money you’re owed. You might be able to claim a tax refund if you’ve paid too much.

Holiday pay

You can get paid for:

holiday days owed that you did not take (‘holiday pay accrued’)

holiday days you took but were not paid for (‘holiday pay taken’)

You’re only paid for holidays you took or accrued in the 12 months before your employer became insolvent.

You’ll only get payments for up to 6 weeks of holiday days. Holiday pay is capped at £544 per week (£538 per week if your employer went insolvent before 6 April 2021).

You pay income tax and National Insurance on your holiday payment. You might be able to claim a tax refund if you’ve paid too much.

Statutory notice pay

You’re entitled to a paid notice period when you’re made redundant, even if it is not in your contract.

You can claim for statutory notice pay if you:

did not work a notice period

worked some of your notice period

worked an unpaid notice period

Your statutory notice pay is worked out as one week’s notice for every year you were employed, up to a maximum of twelve weeks.

Payments are capped at £544 per week (£538 if you were made redundant before 6 April 2021).

Pension contributions

Contact the insolvency practitioner or official receiver if you’re missing contributions to your pension.

Apply for money you're owed

You’re eligible to apply if:

you were an employee

you’re a UK or EEA national (or a foreign national with permission to work in the UK)

If you’re not eligible (for example you’re a contractor) register as a creditor instead.

If you requested to claim statutory notice pay, you’ll get sent a letter telling you when you can apply.

Claiming for redundancy, unpaid wages and holiday pay

You must apply for redundancy pay within 6 months of being dismissed.

The application will ask if you want to apply for statutory notice pay. Choosing ‘Yes’ does not mean you’ve applied. You’ll be told when to apply.

Apply for redundancy, unpaid wages and holiday online.

Claiming for loss of notice pay (‘statutory notice pay’)

You need an ‘LN’ reference number to make a claim. It’ll be sent after your notice period would have ended. This is usually no more than 12 weeks after you’re dismissed.

You must apply for redundancy first - even if you’re not owed any money.

Employees at the same business can have different notice periods.

Once you have the LN reference number, claim online for loss of notice.

Money you get (or could have got) by claiming benefits will be deducted from your payment.

Help completing the online forms

Contact the Redundancy Payments Service if you have queries about completing the online forms. You’ll need your case reference number or National Insurance number.

You cannot currently call the Redundancy Payments Service.

After you apply

It usually takes up to 6 weeks to get your payment but can take longer.

Any benefits you’re eligible to claim will be deducted from your statutory notice payment (even if you did not claim them).

If your application is rejected

Contact the Redundancy Payments Service - they’ll explain why your claim was rejected.

Help and advice

Contact the Redundancy Payments Service if you need help. You’ll need your case reference number or National Insurance number.

Help finding a new job

Contact your local Jobcentre Plus and ask for their Rapid Response Service for help finding a new job.

You’ll be able to use the service for up to 13 weeks after you’re made redundant.  You must have started your notice period to be eligible.

Get help to find a new job, improve your skills and claim benefits.

You might be asked to continue working for your employer after they become insolvent.

Overview

Your employer is insolvent if it cannot pay its debts.

They might:

make you redundant

ask you to keep working

transfer you to a new employer (if the business has been sold)

There are different types of insolvency:

administration

liquidation

bankruptcy

receivership

company voluntary arrangement

individual voluntary arrangement

debt relief order

Check if your employer is insolvent.

Depending on your situation, you can apply to the government for:

a redundancy payment

holiday pay

outstanding payments like unpaid wages, overtime and commission

money you would have earned working your notice period (‘statutory notice pay’)

Your rights

You have different rights depending on whether your employer:

makes you redundant (dismisses you)

asks you to keep working

transfers you to a new employer (if the business has been sold)

Your employer must have a consultation about why redundancies are happening and if there are any alternatives - they do not have to consult you directly.

If you’re made redundant

You’re made redundant if you’re dismissed from your job.

The person who is dealing with the insolvency (the ‘insolvency practitioner’ or ‘official receiver’) must tell you how your job is affected and what to do next.

They’ll also give you a:

RP1 fact sheet

‘CN’ (case reference) number to use when you apply for money you’re owed

You can apply to the government for:

a redundancy payment

holiday pay

You can also apply to the court for compensation if you think you were dismissed unfairly or not consulted properly.

Compensation because you were dismissed unfairly

You can make a claim to the employment tribunal if:

you were dismissed unfairly (‘basic award’)

there was not a consultation about your redundancy (‘protective award’)

You’ll be claiming against the Secretary of State for Business, Energy and Industrial Strategy and your former employer (‘the respondents’).

If you continue working after the insolvency

You might be asked to continue working for your employer after they become insolvent.

You’ll still be eligible to claim for redundancy pay and other money you’re owed if you’re made redundant at a later date.

You cannot claim holiday pay, wages, bonuses or commission that you’re owed between the day of the insolvency and the day you were dismissed.

If you’re transferred to a new employer

You cannot claim any money from the government if you were transferred before your former employer became insolvent.

If you were transferred afterwards, you can apply for redundancy pay, statutory notice pay and outstanding payments such holiday pay, wages, commission and bonuses.

What you can get

What money you’re entitled to depends on:

how long you were employed

what was in your employment contract

your age

Payments are capped.

Redundancy pay

You’re normally entitled to redundancy pay if you:

have been made redundant

were an employee

were continuously employed by the insolvent business for 2 years or more

You’ll get:

half a week’s pay for each full year you were employed and under 22 years old

one week’s pay for each full year you were employed and between 22 and 40 years old

one and half week’s pay for each full year you were employed and 41 or older

Redundancy payments are capped at £544 a week (£538 if you were made redundant before 6 April 2021).

You can get a payment for a maximum of 20 years that you were employed at the business.

Calculate your redundancy pay.

Wages and other money you’re owed

You can apply for unpaid wages and other money you’re owed by your employer, for example bonuses, overtime and commission.

You’re only entitled to money that’s in your employment contract.

You’ll get up to 8 weeks of money you’re owed. It counts as a week even if you’re only owed money for a few days.

Payments for wages and other money you’re owed are capped at £544 a week (£538 if you were made redundant before 6 April 2021).

You pay income tax and National Insurance when you get unpaid wages and other money you’re owed. You might be able to claim a tax refund if you’ve paid too much.

Holiday pay

You can get paid for:

holiday days owed that you did not take (‘holiday pay accrued’)

holiday days you took but were not paid for (‘holiday pay taken’)

You’re only paid for holidays you took or accrued in the 12 months before your employer became insolvent.

You’ll only get payments for up to 6 weeks of holiday days. Holiday pay is capped at £544 per week (£538 per week if your employer went insolvent before 6 April 2021).

You pay income tax and National Insurance on your holiday payment. You might be able to claim a tax refund if you’ve paid too much.

Statutory notice pay

You’re entitled to a paid notice period when you’re made redundant, even if it is not in your contract.

You can claim for statutory notice pay if you:

did not work a notice period

worked some of your notice period

worked an unpaid notice period

Your statutory notice pay is worked out as one week’s notice for every year you were employed, up to a maximum of twelve weeks.

Payments are capped at £544 per week (£538 if you were made redundant before 6 April 2021).

Pension contributions

Contact the insolvency practitioner or official receiver if you’re missing contributions to your pension.

Apply for money you're owed

You’re eligible to apply if:

you were an employee

you’re a UK or EEA national (or a foreign national with permission to work in the UK)

If you’re not eligible (for example you’re a contractor) register as a creditor instead.

If you requested to claim statutory notice pay, you’ll get sent a letter telling you when you can apply.

Claiming for redundancy, unpaid wages and holiday pay

You must apply for redundancy pay within 6 months of being dismissed.

The application will ask if you want to apply for statutory notice pay. Choosing ‘Yes’ does not mean you’ve applied. You’ll be told when to apply.

Apply for redundancy, unpaid wages and holiday online.

Claiming for loss of notice pay (‘statutory notice pay’)

You need an ‘LN’ reference number to make a claim. It’ll be sent after your notice period would have ended. This is usually no more than 12 weeks after you’re dismissed.

You must apply for redundancy first - even if you’re not owed any money.

Employees at the same business can have different notice periods.

Once you have the LN reference number, claim online for loss of notice.

Money you get (or could have got) by claiming benefits will be deducted from your payment.

Help completing the online forms

Contact the Redundancy Payments Service if you have queries about completing the online forms. You’ll need your case reference number or National Insurance number.

You cannot currently call the Redundancy Payments Service.

After you apply

It usually takes up to 6 weeks to get your payment but can take longer.

Any benefits you’re eligible to claim will be deducted from your statutory notice payment (even if you did not claim them).

If your application is rejected

Contact the Redundancy Payments Service - they’ll explain why your claim was rejected.

Help and advice

Contact the Redundancy Payments Service if you need help. You’ll need your case reference number or National Insurance number.

Help finding a new job

Contact your local Jobcentre Plus and ask for their Rapid Response Service for help finding a new job.

You’ll be able to use the service for up to 13 weeks after you’re made redundant.  You must have started your notice period to be eligible.

Get help to find a new job, improve your skills and claim benefits.

You’ll still be eligible to claim for redundancy pay and other money you’re owed if you’re made redundant at a later date.

Overview

Your employer is insolvent if it cannot pay its debts.

They might:

make you redundant

ask you to keep working

transfer you to a new employer (if the business has been sold)

There are different types of insolvency:

administration

liquidation

bankruptcy

receivership

company voluntary arrangement

individual voluntary arrangement

debt relief order

Check if your employer is insolvent.

Depending on your situation, you can apply to the government for:

a redundancy payment

holiday pay

outstanding payments like unpaid wages, overtime and commission

money you would have earned working your notice period (‘statutory notice pay’)

Your rights

You have different rights depending on whether your employer:

makes you redundant (dismisses you)

asks you to keep working

transfers you to a new employer (if the business has been sold)

Your employer must have a consultation about why redundancies are happening and if there are any alternatives - they do not have to consult you directly.

If you’re made redundant

You’re made redundant if you’re dismissed from your job.

The person who is dealing with the insolvency (the ‘insolvency practitioner’ or ‘official receiver’) must tell you how your job is affected and what to do next.

They’ll also give you a:

RP1 fact sheet

‘CN’ (case reference) number to use when you apply for money you’re owed

You can apply to the government for:

a redundancy payment

holiday pay

You can also apply to the court for compensation if you think you were dismissed unfairly or not consulted properly.

Compensation because you were dismissed unfairly

You can make a claim to the employment tribunal if:

you were dismissed unfairly (‘basic award’)

there was not a consultation about your redundancy (‘protective award’)

You’ll be claiming against the Secretary of State for Business, Energy and Industrial Strategy and your former employer (‘the respondents’).

If you continue working after the insolvency

You might be asked to continue working for your employer after they become insolvent.

You’ll still be eligible to claim for redundancy pay and other money you’re owed if you’re made redundant at a later date.

You cannot claim holiday pay, wages, bonuses or commission that you’re owed between the day of the insolvency and the day you were dismissed.

If you’re transferred to a new employer

You cannot claim any money from the government if you were transferred before your former employer became insolvent.

If you were transferred afterwards, you can apply for redundancy pay, statutory notice pay and outstanding payments such holiday pay, wages, commission and bonuses.

What you can get

What money you’re entitled to depends on:

how long you were employed

what was in your employment contract

your age

Payments are capped.

Redundancy pay

You’re normally entitled to redundancy pay if you:

have been made redundant

were an employee

were continuously employed by the insolvent business for 2 years or more

You’ll get:

half a week’s pay for each full year you were employed and under 22 years old

one week’s pay for each full year you were employed and between 22 and 40 years old

one and half week’s pay for each full year you were employed and 41 or older

Redundancy payments are capped at £544 a week (£538 if you were made redundant before 6 April 2021).

You can get a payment for a maximum of 20 years that you were employed at the business.

Calculate your redundancy pay.

Wages and other money you’re owed

You can apply for unpaid wages and other money you’re owed by your employer, for example bonuses, overtime and commission.

You’re only entitled to money that’s in your employment contract.

You’ll get up to 8 weeks of money you’re owed. It counts as a week even if you’re only owed money for a few days.

Payments for wages and other money you’re owed are capped at £544 a week (£538 if you were made redundant before 6 April 2021).

You pay income tax and National Insurance when you get unpaid wages and other money you’re owed. You might be able to claim a tax refund if you’ve paid too much.

Holiday pay

You can get paid for:

holiday days owed that you did not take (‘holiday pay accrued’)

holiday days you took but were not paid for (‘holiday pay taken’)

You’re only paid for holidays you took or accrued in the 12 months before your employer became insolvent.

You’ll only get payments for up to 6 weeks of holiday days. Holiday pay is capped at £544 per week (£538 per week if your employer went insolvent before 6 April 2021).

You pay income tax and National Insurance on your holiday payment. You might be able to claim a tax refund if you’ve paid too much.

Statutory notice pay

You’re entitled to a paid notice period when you’re made redundant, even if it is not in your contract.

You can claim for statutory notice pay if you:

did not work a notice period

worked some of your notice period

worked an unpaid notice period

Your statutory notice pay is worked out as one week’s notice for every year you were employed, up to a maximum of twelve weeks.

Payments are capped at £544 per week (£538 if you were made redundant before 6 April 2021).

Pension contributions

Contact the insolvency practitioner or official receiver if you’re missing contributions to your pension.

Apply for money you're owed

You’re eligible to apply if:

you were an employee

you’re a UK or EEA national (or a foreign national with permission to work in the UK)

If you’re not eligible (for example you’re a contractor) register as a creditor instead.

If you requested to claim statutory notice pay, you’ll get sent a letter telling you when you can apply.

Claiming for redundancy, unpaid wages and holiday pay

You must apply for redundancy pay within 6 months of being dismissed.

The application will ask if you want to apply for statutory notice pay. Choosing ‘Yes’ does not mean you’ve applied. You’ll be told when to apply.

Apply for redundancy, unpaid wages and holiday online.

Claiming for loss of notice pay (‘statutory notice pay’)

You need an ‘LN’ reference number to make a claim. It’ll be sent after your notice period would have ended. This is usually no more than 12 weeks after you’re dismissed.

You must apply for redundancy first - even if you’re not owed any money.

Employees at the same business can have different notice periods.

Once you have the LN reference number, claim online for loss of notice.

Money you get (or could have got) by claiming benefits will be deducted from your payment.

Help completing the online forms

Contact the Redundancy Payments Service if you have queries about completing the online forms. You’ll need your case reference number or National Insurance number.

You cannot currently call the Redundancy Payments Service.

After you apply

It usually takes up to 6 weeks to get your payment but can take longer.

Any benefits you’re eligible to claim will be deducted from your statutory notice payment (even if you did not claim them).

If your application is rejected

Contact the Redundancy Payments Service - they’ll explain why your claim was rejected.

Help and advice

Contact the Redundancy Payments Service if you need help. You’ll need your case reference number or National Insurance number.

Help finding a new job

Contact your local Jobcentre Plus and ask for their Rapid Response Service for help finding a new job.

You’ll be able to use the service for up to 13 weeks after you’re made redundant.  You must have started your notice period to be eligible.

Get help to find a new job, improve your skills and claim benefits.

You’re eligible to apply if:

Overview

Your employer is insolvent if it cannot pay its debts.

They might:

make you redundant

ask you to keep working

transfer you to a new employer (if the business has been sold)

There are different types of insolvency:

administration

liquidation

bankruptcy

receivership

company voluntary arrangement

individual voluntary arrangement

debt relief order

Check if your employer is insolvent.

Depending on your situation, you can apply to the government for:

a redundancy payment

holiday pay

outstanding payments like unpaid wages, overtime and commission

money you would have earned working your notice period (‘statutory notice pay’)

Your rights

You have different rights depending on whether your employer:

makes you redundant (dismisses you)

asks you to keep working

transfers you to a new employer (if the business has been sold)

Your employer must have a consultation about why redundancies are happening and if there are any alternatives - they do not have to consult you directly.

If you’re made redundant

You’re made redundant if you’re dismissed from your job.

The person who is dealing with the insolvency (the ‘insolvency practitioner’ or ‘official receiver’) must tell you how your job is affected and what to do next.

They’ll also give you a:

RP1 fact sheet

‘CN’ (case reference) number to use when you apply for money you’re owed

You can apply to the government for:

a redundancy payment

holiday pay

You can also apply to the court for compensation if you think you were dismissed unfairly or not consulted properly.

Compensation because you were dismissed unfairly

You can make a claim to the employment tribunal if:

you were dismissed unfairly (‘basic award’)

there was not a consultation about your redundancy (‘protective award’)

You’ll be claiming against the Secretary of State for Business, Energy and Industrial Strategy and your former employer (‘the respondents’).

If you continue working after the insolvency

You might be asked to continue working for your employer after they become insolvent.

You’ll still be eligible to claim for redundancy pay and other money you’re owed if you’re made redundant at a later date.

You cannot claim holiday pay, wages, bonuses or commission that you’re owed between the day of the insolvency and the day you were dismissed.

If you’re transferred to a new employer

You cannot claim any money from the government if you were transferred before your former employer became insolvent.

If you were transferred afterwards, you can apply for redundancy pay, statutory notice pay and outstanding payments such holiday pay, wages, commission and bonuses.

What you can get

What money you’re entitled to depends on:

how long you were employed

what was in your employment contract

your age

Payments are capped.

Redundancy pay

You’re normally entitled to redundancy pay if you:

have been made redundant

were an employee

were continuously employed by the insolvent business for 2 years or more

You’ll get:

half a week’s pay for each full year you were employed and under 22 years old

one week’s pay for each full year you were employed and between 22 and 40 years old

one and half week’s pay for each full year you were employed and 41 or older

Redundancy payments are capped at £544 a week (£538 if you were made redundant before 6 April 2021).

You can get a payment for a maximum of 20 years that you were employed at the business.

Calculate your redundancy pay.

Wages and other money you’re owed

You can apply for unpaid wages and other money you’re owed by your employer, for example bonuses, overtime and commission.

You’re only entitled to money that’s in your employment contract.

You’ll get up to 8 weeks of money you’re owed. It counts as a week even if you’re only owed money for a few days.

Payments for wages and other money you’re owed are capped at £544 a week (£538 if you were made redundant before 6 April 2021).

You pay income tax and National Insurance when you get unpaid wages and other money you’re owed. You might be able to claim a tax refund if you’ve paid too much.

Holiday pay

You can get paid for:

holiday days owed that you did not take (‘holiday pay accrued’)

holiday days you took but were not paid for (‘holiday pay taken’)

You’re only paid for holidays you took or accrued in the 12 months before your employer became insolvent.

You’ll only get payments for up to 6 weeks of holiday days. Holiday pay is capped at £544 per week (£538 per week if your employer went insolvent before 6 April 2021).

You pay income tax and National Insurance on your holiday payment. You might be able to claim a tax refund if you’ve paid too much.

Statutory notice pay

You’re entitled to a paid notice period when you’re made redundant, even if it is not in your contract.

You can claim for statutory notice pay if you:

did not work a notice period

worked some of your notice period

worked an unpaid notice period

Your statutory notice pay is worked out as one week’s notice for every year you were employed, up to a maximum of twelve weeks.

Payments are capped at £544 per week (£538 if you were made redundant before 6 April 2021).

Pension contributions

Contact the insolvency practitioner or official receiver if you’re missing contributions to your pension.

Apply for money you're owed

You’re eligible to apply if:

you were an employee

you’re a UK or EEA national (or a foreign national with permission to work in the UK)

If you’re not eligible (for example you’re a contractor) register as a creditor instead.

If you requested to claim statutory notice pay, you’ll get sent a letter telling you when you can apply.

Claiming for redundancy, unpaid wages and holiday pay

You must apply for redundancy pay within 6 months of being dismissed.

The application will ask if you want to apply for statutory notice pay. Choosing ‘Yes’ does not mean you’ve applied. You’ll be told when to apply.

Apply for redundancy, unpaid wages and holiday online.

Claiming for loss of notice pay (‘statutory notice pay’)

You need an ‘LN’ reference number to make a claim. It’ll be sent after your notice period would have ended. This is usually no more than 12 weeks after you’re dismissed.

You must apply for redundancy first - even if you’re not owed any money.

Employees at the same business can have different notice periods.

Once you have the LN reference number, claim online for loss of notice.

Money you get (or could have got) by claiming benefits will be deducted from your payment.

Help completing the online forms

Contact the Redundancy Payments Service if you have queries about completing the online forms. You’ll need your case reference number or National Insurance number.

You cannot currently call the Redundancy Payments Service.

After you apply

It usually takes up to 6 weeks to get your payment but can take longer.

Any benefits you’re eligible to claim will be deducted from your statutory notice payment (even if you did not claim them).

If your application is rejected

Contact the Redundancy Payments Service - they’ll explain why your claim was rejected.

Help and advice

Contact the Redundancy Payments Service if you need help. You’ll need your case reference number or National Insurance number.

Help finding a new job

Contact your local Jobcentre Plus and ask for their Rapid Response Service for help finding a new job.

You’ll be able to use the service for up to 13 weeks after you’re made redundant.  You must have started your notice period to be eligible.

Get help to find a new job, improve your skills and claim benefits.

you were an employee

Overview

Your employer is insolvent if it cannot pay its debts.

They might:

make you redundant

ask you to keep working

transfer you to a new employer (if the business has been sold)

There are different types of insolvency:

administration

liquidation

bankruptcy

receivership

company voluntary arrangement

individual voluntary arrangement

debt relief order

Check if your employer is insolvent.

Depending on your situation, you can apply to the government for:

a redundancy payment

holiday pay

outstanding payments like unpaid wages, overtime and commission

money you would have earned working your notice period (‘statutory notice pay’)

Your rights

You have different rights depending on whether your employer:

makes you redundant (dismisses you)

asks you to keep working

transfers you to a new employer (if the business has been sold)

Your employer must have a consultation about why redundancies are happening and if there are any alternatives - they do not have to consult you directly.

If you’re made redundant

You’re made redundant if you’re dismissed from your job.

The person who is dealing with the insolvency (the ‘insolvency practitioner’ or ‘official receiver’) must tell you how your job is affected and what to do next.

They’ll also give you a:

RP1 fact sheet

‘CN’ (case reference) number to use when you apply for money you’re owed

You can apply to the government for:

a redundancy payment

holiday pay

You can also apply to the court for compensation if you think you were dismissed unfairly or not consulted properly.

Compensation because you were dismissed unfairly

You can make a claim to the employment tribunal if:

you were dismissed unfairly (‘basic award’)

there was not a consultation about your redundancy (‘protective award’)

You’ll be claiming against the Secretary of State for Business, Energy and Industrial Strategy and your former employer (‘the respondents’).

If you continue working after the insolvency

You might be asked to continue working for your employer after they become insolvent.

You’ll still be eligible to claim for redundancy pay and other money you’re owed if you’re made redundant at a later date.

You cannot claim holiday pay, wages, bonuses or commission that you’re owed between the day of the insolvency and the day you were dismissed.

If you’re transferred to a new employer

You cannot claim any money from the government if you were transferred before your former employer became insolvent.

If you were transferred afterwards, you can apply for redundancy pay, statutory notice pay and outstanding payments such holiday pay, wages, commission and bonuses.

What you can get

What money you’re entitled to depends on:

how long you were employed

what was in your employment contract

your age

Payments are capped.

Redundancy pay

You’re normally entitled to redundancy pay if you:

have been made redundant

were an employee

were continuously employed by the insolvent business for 2 years or more

You’ll get:

half a week’s pay for each full year you were employed and under 22 years old

one week’s pay for each full year you were employed and between 22 and 40 years old

one and half week’s pay for each full year you were employed and 41 or older

Redundancy payments are capped at £544 a week (£538 if you were made redundant before 6 April 2021).

You can get a payment for a maximum of 20 years that you were employed at the business.

Calculate your redundancy pay.

Wages and other money you’re owed

You can apply for unpaid wages and other money you’re owed by your employer, for example bonuses, overtime and commission.

You’re only entitled to money that’s in your employment contract.

You’ll get up to 8 weeks of money you’re owed. It counts as a week even if you’re only owed money for a few days.

Payments for wages and other money you’re owed are capped at £544 a week (£538 if you were made redundant before 6 April 2021).

You pay income tax and National Insurance when you get unpaid wages and other money you’re owed. You might be able to claim a tax refund if you’ve paid too much.

Holiday pay

You can get paid for:

holiday days owed that you did not take (‘holiday pay accrued’)

holiday days you took but were not paid for (‘holiday pay taken’)

You’re only paid for holidays you took or accrued in the 12 months before your employer became insolvent.

You’ll only get payments for up to 6 weeks of holiday days. Holiday pay is capped at £544 per week (£538 per week if your employer went insolvent before 6 April 2021).

You pay income tax and National Insurance on your holiday payment. You might be able to claim a tax refund if you’ve paid too much.

Statutory notice pay

You’re entitled to a paid notice period when you’re made redundant, even if it is not in your contract.

You can claim for statutory notice pay if you:

did not work a notice period

worked some of your notice period

worked an unpaid notice period

Your statutory notice pay is worked out as one week’s notice for every year you were employed, up to a maximum of twelve weeks.

Payments are capped at £544 per week (£538 if you were made redundant before 6 April 2021).

Pension contributions

Contact the insolvency practitioner or official receiver if you’re missing contributions to your pension.

Apply for money you're owed

You’re eligible to apply if:

you were an employee

you’re a UK or EEA national (or a foreign national with permission to work in the UK)

If you’re not eligible (for example you’re a contractor) register as a creditor instead.

Apply for redundancy, unpaid wages and holiday within 6 months of being dismissed. You request to claim for loss of notice pay (‘statutory notice pay’) in your application.

If you requested to claim statutory notice pay, you’ll get sent a letter telling you when you can apply.

Claiming for redundancy, unpaid wages and holiday pay

You must apply for redundancy pay within 6 months of being dismissed.

The application will ask if you want to apply for statutory notice pay. Choosing ‘Yes’ does not mean you’ve applied. You’ll be told when to apply.

Apply for redundancy, unpaid wages and holiday online.

Claiming for loss of notice pay (‘statutory notice pay’)

You need an ‘LN’ reference number to make a claim. It’ll be sent after your notice period would have ended. This is usually no more than 12 weeks after you’re dismissed.

You must apply for redundancy first - even if you’re not owed any money.

Employees at the same business can have different notice periods.

Once you have the LN reference number, claim online for loss of notice.

Money you get (or could have got) by claiming benefits will be deducted from your payment.

Help completing the online forms

Contact the Redundancy Payments Service if you have queries about completing the online forms. You’ll need your case reference number or National Insurance number.

You cannot currently call the Redundancy Payments Service.

After you apply

It usually takes up to 6 weeks to get your payment but can take longer.

Any benefits you’re eligible to claim will be deducted from your statutory notice payment (even if you did not claim them).

If your application is rejected

Contact the Redundancy Payments Service - they’ll explain why your claim was rejected.

Help and advice

Contact the Redundancy Payments Service if you need help. You’ll need your case reference number or National Insurance number.

Help finding a new job

Contact your local Jobcentre Plus and ask for their Rapid Response Service for help finding a new job.

You’ll be able to use the service for up to 13 weeks after you’re made redundant.  You must have started your notice period to be eligible.

Get help to find a new job, improve your skills and claim benefits.

you’re a UK or EEA national (or a foreign national with permission to work in the UK)

Overview

Your employer is insolvent if it cannot pay its debts.

They might:

make you redundant

ask you to keep working

transfer you to a new employer (if the business has been sold)

There are different types of insolvency:

administration

liquidation

bankruptcy

receivership

company voluntary arrangement

individual voluntary arrangement

debt relief order

Check if your employer is insolvent.

Depending on your situation, you can apply to the government for:

a redundancy payment

holiday pay

outstanding payments like unpaid wages, overtime and commission

money you would have earned working your notice period (‘statutory notice pay’)

Your rights

You have different rights depending on whether your employer:

makes you redundant (dismisses you)

asks you to keep working

transfers you to a new employer (if the business has been sold)

Your employer must have a consultation about why redundancies are happening and if there are any alternatives - they do not have to consult you directly.

If you’re made redundant

You’re made redundant if you’re dismissed from your job.

The person who is dealing with the insolvency (the ‘insolvency practitioner’ or ‘official receiver’) must tell you how your job is affected and what to do next.

They’ll also give you a:

RP1 fact sheet

‘CN’ (case reference) number to use when you apply for money you’re owed

You can apply to the government for:

a redundancy payment

holiday pay

You can also apply to the court for compensation if you think you were dismissed unfairly or not consulted properly.

Compensation because you were dismissed unfairly

You can make a claim to the employment tribunal if:

you were dismissed unfairly (‘basic award’)

there was not a consultation about your redundancy (‘protective award’)

You’ll be claiming against the Secretary of State for Business, Energy and Industrial Strategy and your former employer (‘the respondents’).

If you continue working after the insolvency

You might be asked to continue working for your employer after they become insolvent.

You’ll still be eligible to claim for redundancy pay and other money you’re owed if you’re made redundant at a later date.

You cannot claim holiday pay, wages, bonuses or commission that you’re owed between the day of the insolvency and the day you were dismissed.

If you’re transferred to a new employer

You cannot claim any money from the government if you were transferred before your former employer became insolvent.

If you were transferred afterwards, you can apply for redundancy pay, statutory notice pay and outstanding payments such holiday pay, wages, commission and bonuses.

What you can get

What money you’re entitled to depends on:

how long you were employed

what was in your employment contract

your age

Payments are capped.

Redundancy pay

You’re normally entitled to redundancy pay if you:

have been made redundant

were an employee

were continuously employed by the insolvent business for 2 years or more

You’ll get:

half a week’s pay for each full year you were employed and under 22 years old

one week’s pay for each full year you were employed and between 22 and 40 years old

one and half week’s pay for each full year you were employed and 41 or older

Redundancy payments are capped at £544 a week (£538 if you were made redundant before 6 April 2021).

You can get a payment for a maximum of 20 years that you were employed at the business.

Calculate your redundancy pay.

Wages and other money you’re owed

You can apply for unpaid wages and other money you’re owed by your employer, for example bonuses, overtime and commission.

You’re only entitled to money that’s in your employment contract.

You’ll get up to 8 weeks of money you’re owed. It counts as a week even if you’re only owed money for a few days.

Payments for wages and other money you’re owed are capped at £544 a week (£538 if you were made redundant before 6 April 2021).

You pay income tax and National Insurance when you get unpaid wages and other money you’re owed. You might be able to claim a tax refund if you’ve paid too much.

Holiday pay

You can get paid for:

holiday days owed that you did not take (‘holiday pay accrued’)

holiday days you took but were not paid for (‘holiday pay taken’)

You’re only paid for holidays you took or accrued in the 12 months before your employer became insolvent.

You’ll only get payments for up to 6 weeks of holiday days. Holiday pay is capped at £544 per week (£538 per week if your employer went insolvent before 6 April 2021).

You pay income tax and National Insurance on your holiday payment. You might be able to claim a tax refund if you’ve paid too much.

Statutory notice pay

You’re entitled to a paid notice period when you’re made redundant, even if it is not in your contract.

You can claim for statutory notice pay if you:

did not work a notice period

worked some of your notice period

worked an unpaid notice period

Your statutory notice pay is worked out as one week’s notice for every year you were employed, up to a maximum of twelve weeks.

Payments are capped at £544 per week (£538 if you were made redundant before 6 April 2021).

Pension contributions

Contact the insolvency practitioner or official receiver if you’re missing contributions to your pension.

Apply for money you're owed

You’re eligible to apply if:

you were an employee

you’re a UK or EEA national (or a foreign national with permission to work in the UK)

If you’re not eligible (for example you’re a contractor) register as a creditor instead.

Apply for redundancy, unpaid wages and holiday within 6 months of being dismissed. You request to claim for loss of notice pay (‘statutory notice pay’) in your application.

If you requested to claim statutory notice pay, you’ll get sent a letter telling you when you can apply.

Claiming for redundancy, unpaid wages and holiday pay

You must apply for redundancy pay within 6 months of being dismissed.

The application will ask if you want to apply for statutory notice pay. Choosing ‘Yes’ does not mean you’ve applied. You’ll be told when to apply.

Apply for redundancy, unpaid wages and holiday online.

Claiming for loss of notice pay (‘statutory notice pay’)

You need an ‘LN’ reference number to make a claim. It’ll be sent after your notice period would have ended. This is usually no more than 12 weeks after you’re dismissed.

You must apply for redundancy first - even if you’re not owed any money.

Employees at the same business can have different notice periods.

Once you have the LN reference number, claim online for loss of notice.

Money you get (or could have got) by claiming benefits will be deducted from your payment.

Help completing the online forms

Contact the Redundancy Payments Service if you have queries about completing the online forms. You’ll need your case reference number or National Insurance number.

You cannot currently call the Redundancy Payments Service.

After you apply

It usually takes up to 6 weeks to get your payment but can take longer.

Any benefits you’re eligible to claim will be deducted from your statutory notice payment (even if you did not claim them).

If your application is rejected

Contact the Redundancy Payments Service - they’ll explain why your claim was rejected.

Help and advice

Contact the Redundancy Payments Service if you need help. You’ll need your case reference number or National Insurance number.

Help finding a new job

Contact your local Jobcentre Plus and ask for their Rapid Response Service for help finding a new job.

You’ll be able to use the service for up to 13 weeks after you’re made redundant.  You must have started your notice period to be eligible.

Get help to find a new job, improve your skills and claim benefits.


I am an employee who works for a storage company. I have been diagnosed with a heart condition that stops me from doing heavy lifting. My employer has dismissed me on the basis that I cannot do my job. Will this be considered as an unfair dismissal?

You can be dismissed if you have a persistent or long-term illness that makes it impossible for you to do your job.

Dismissal: your rights

Overview

Dismissal is when your employer ends your employment - they do not always have to give you notice.

If you’re dismissed, your employer must show they’ve:

a valid reason that they can justify

acted reasonably in the circumstances

They must also:

be consistent - for example, not dismiss you for doing something that they let other employees do

have investigated the situation fully before dismissing you - for example, if a complaint was made about you

If you’re a part-time or fixed-term worker, you cannot be treated less favourably than a full-time or permanent employee.

If you’ve lost your job because of coronavirus (COVID-19), your employer might be able to re-employ you and pay 80% your wages.

Notice period

You must be given at least the notice stated in your contract or the statutory minimum notice period, whichever is longer.

There are some situations where you can be dismissed immediately - for example, for violence.

Getting your dismissal in writing

You have the right to ask for a written statement from your employer giving the reasons why you’ve been dismissed if you’re an employee and have completed 2 years’ service (1 year if you started before 6 April 2012).

Your employer must supply the statement within 14 days of you asking for it.

Your employer must give you a written statement if you’re dismissed while you are on Statutory Maternity Leave. You get this:

even if you’ve not asked for one

regardless of how long you’ve worked for your employer

Speak to your employer or check your employment status if you’re unsure of your employment status.

Reasons you can be dismissed

There are some situations when your employer can dismiss you fairly.

Not being able to do your job properly

You may not be able to do your job properly if, for example, you:

have not been able to keep up with important changes to your job - for example, a new computer system

cannot get along with your colleagues

Before taking any action, your employer should:

follow disciplinary procedures - for example, warn you that your work is not satisfactory

give you a chance to improve - for example, by training you

Illness

look for ways to support you - for example, considering whether the job itself is making you sick and needs changing

give you reasonable time to recover from your illness

If you have a disability (which may include long-term illness), your employer has a legal duty to support disability in the workplace.

Dismissal because of a disability may be unlawful discrimination.

Redundancy

Redundancy is a form of dismissal and is fair in most cases.

If the reason you are selected for redundancy is unfair then you will have been unfairly dismissed.

Summary dismissal

You can be dismissed for ‘gross misconduct’ without your employer going through the normal disciplinary procedures.  This can happen if, for example, you’re violent towards a colleague, customer or property.

Your employer should always investigate the circumstances before making a dismissal, even in possible gross misconduct cases.

A ‘statutory restriction’

You can be dismissed if continuing to employ you would break the law - for example, if you’re a driver in a lorry firm and you lose your driving licence.

It’s impossible to carry on employing you

If it’s impossible to carry on employing you, it’s likely to be fair. For example, if a factory burns down and it’s no longer possible to employ anyone.

A ‘substantial reason’

You may be dismissed fairly if, for example:

you unreasonably refuse to accept a company reorganisation that changes your employment terms

you’re sent to prison

Unfair and constructive dismissal

In certain situations, you may be able to take legal action if you’re dismissed.

Unfair dismissal

Your dismissal could be unfair if your employer does not:

have a good reason for dismissing you

follow the company’s formal disciplinary or dismissal process (or the statutory minimum dismissal procedure in Northern Ireland)

Situations when your dismissal is likely to be unfair include if you:

asked for flexible working

refused to give up your working time rights - for example, to take rest breaks

resigned and gave the correct notice period

joined a trade union

took part in legal industrial action that lasted 12 weeks or less

needed time off for jury service

applied for maternity, paternity and adoption leave

were on any maternity, paternity and adoption leave you’re entitled to

tried to enforce your right to receive Working Tax Credits

exposed wrongdoing in the workplace (whistleblowing)

were forced to retire (known as ‘compulsory retirement’)

Compulsory retirement is not allowed unless your employer can objectively justify it, but you can challenge it at an employment tribunal.

Constructive dismissal

Constructive dismissal is when you’re forced to leave your job against your will because of your employer’s conduct.

The reasons you leave your job must be serious, for example, they:

do not pay you or suddenly demote you for no reason

force you to accept unreasonable changes to how you work - for example, tell you to work night shifts when your contract is only for day work

let other employees harass or bully you

Your employer’s breach of contract may be one serious incident or a series of incidents that are serious when taken together.

You should try and sort any issues out by speaking to your employer to solve the dispute.

If you do have a case for constructive dismissal, you should leave your job immediately - your employer may argue that, by staying, you accepted the conduct or treatment.

What to do if you're dismissed

If you’re threatened with dismissal (or are dismissed) you can get help from a third party to solve the issue by mediation, conciliation and arbitration.

You can also speak to your union representative if you’re a member of a trade union.

Employment tribunals

If you’ve been unable to solve a problem between you and your employer, you can normally go to an employment tribunal.

In Northern Ireland, you can go to an industrial tribunal.

Qualifying period to claim unfair dismissal

You must have worked for your employer for a minimum period before you qualify for the right to claim unfair dismissal at a tribunal. If you’re classed as an employee and started your job:

on or after 6 April 2012 - the qualifying period is normally 2 years

before 6 April 2012 - the qualifying period is normally 1 year

In Northern Ireland, the qualifying period is still normally 1 year.

There is no qualifying period if you’ve been dismissed from 25 June 2013 because of your political opinions or affiliation. You’ll automatically have the right to go to an employment tribunal.

In unfair dismissal claims you must make the claim to a tribunal within 3 months of being dismissed.


I work for a firm with several offices across Europe. I have heard of EWC but I am not sure if we qualify. Before I apply, what do we need to do to qualify?

You can ask your employer to set up an EWC if they have:

Ask your employer to set up a European Works Council

Overview

You can ask your employer to set up a European Works Council (EWC) if you work for a company with offices across the European Economic Area (EEA).

An EWC is a forum where your company can:

tell you about plans and decisions at the same time as employees in other countries - this is known as being informed

exchange views with you in the same way as employees in other countries - this is known as being consulted

An EWC only informs and consults on issues that affect more than one country where the business operates.

Who can ask for a European Works Council

at least 1,000 employees in the EEA

150 employees in each of at least 2 countries in the EEA

You can write to your employer to find out information, for example how many employees it has or where it operates, to help you make your request.

Your employer can also set up an EWC without waiting for a request.

After you’ve made your request

Your employer will set up a special negotiating body (SNB) to negotiate an EWC agreement with central management of the business.

You can complain about the way an EWC has been set up or run.

Make a request

Write to your employer to ask them to set up a European Works Council (EWC).

It must be backed by at least 100 employees from at least 2 European Economic Area (EEA) sites.

Send it to the central or local management of the business.

Your employer can challenge your request for an EWC if:

they think the request is not valid, for example because the business does not employ enough people

there’s an existing information and consultation agreement

After you've made your request

After your request for a European Works Council (EWC) is accepted, your employer must set up a special negotiating body (SNB). The SNB will discuss how the EWC will be set up and run with the central management. The time limit for negotiations is 3 years.

The SNB must:

have at least one member from each of the countries where the business has a site

be set up within 6 months from when the request for an EWC was accepted

If there’s an agreement

You’ll get a written agreement for either:

an EWC

one or more alternative information and consultation arrangements

If an agreement is not made

The SNB can only end negotiations or decide not to open negotiations after a ballot has been held and a two-thirds majority reached. You’ll have to wait 2 years to make a new application.

Make a complaint

Complain in writing to the Central Arbitration Committee (CAC) about the way a European Works Council (EWC) has been set up or run.

Complaints about requests for information

You can complain if your employer:

does not provide information about the size or structure of the company

provides inaccurate information about the size or structure of the company

You must wait a month after making a formal request for an EWC before you can complain.

Complaints about creating the Special Negotiating Body

You can complain about incorrect ballot arrangements to create a special negotiating body (SNB).

Complaints about creating the European Works Council

You can complain that:

an EWC has not been set up even though there have been negotiations

your employer has not followed the right procedure for running an EWC

How to complain

Write to CAC and include the following information:

the name, job and full contact details of the person making a complaint and the person or business you’re complaining about

the right regulation number for the complaint you’re making

the reasons for your complaint

Send your complaint by email or by post to CAC.

CAC will get in touch for more information as they need it.

at least 1,000 employees in the EEA

Overview

An EWC is a forum where your company can:

Who can ask for a European Works Council

You can ask your employer to set up an EWC if they have:

at least 1,000 employees in the EEA

150 employees in each of at least 2 countries in the EEA

After you’ve made your request

You can complain about the way an EWC has been set up or run.

Make a request

Send it to the central or local management of the business.

Your employer can challenge your request for an EWC if:

there’s an existing information and consultation agreement

After you've made your request

The SNB must:

If there’s an agreement

You’ll get a written agreement for either:

an EWC

one or more alternative information and consultation arrangements

If an agreement is not made

Make a complaint

Complaints about requests for information

You can complain if your employer:

Complaints about creating the Special Negotiating Body

Complaints about creating the European Works Council

You can complain that:

How to complain

Write to CAC and include the following information:

the right regulation number for the complaint you’re making

the reasons for your complaint

Send your complaint by email or by post to CAC.

CAC will get in touch for more information as they need it.

150 employees in each of at least 2 countries in the EEA

Overview

An EWC is a forum where your company can:

Who can ask for a European Works Council

You can ask your employer to set up an EWC if they have:

at least 1,000 employees in the EEA

Your employer can also set up an EWC without waiting for a request.

After you’ve made your request

You can complain about the way an EWC has been set up or run.

Make a request

Send it to the central or local management of the business.

Your employer can challenge your request for an EWC if:

there’s an existing information and consultation agreement

After you've made your request

The SNB must:

If there’s an agreement

You’ll get a written agreement for either:

an EWC

one or more alternative information and consultation arrangements

If an agreement is not made

Make a complaint

Complaints about requests for information

You can complain if your employer:

Complaints about creating the Special Negotiating Body

Complaints about creating the European Works Council

You can complain that:

an EWC has not been set up even though there have been negotiations

How to complain

Write to CAC and include the following information:

the right regulation number for the complaint you’re making

the reasons for your complaint

Send your complaint by email or by post to CAC.

CAC will get in touch for more information as they need it.