I am employee working under a contract of employment and have 3 years of continuous service. Recently decided for a early retirement Do I qualify for redundancy pay ?

To be eligible, an individual must:

Making staff redundant

Overview

Redundancy is when you dismiss an employee because you no longer need anyone to do their job. This might be because your business is:

changing what it does

doing things in a different way, for example using new machinery

changing location or closing down

If you’ve been impacted by coronavirus (COVID-19), you can get funding to continue to pay your employees instead of making them redundant. This is known as furloughing.

For a redundancy to be genuine, you must demonstrate that the employee’s job will no longer exist.

Redundancies can be compulsory or non-compulsory. If you do have to make redundancies you can get help from Jobcentre Plus.

Employee rights

Employees have certain rights and may be entitled to redundancy pay if they’re made redundant.

All employees under notice of redundancy have the right to:

reasonable time off to look for a new job or arrange training

not be unfairly selected for redundancy

You should always take steps to avoid redundancies before dismissing staff.

Alternative employment

Employers must try to find suitable alternative employment within the organisation for employees they’ve made redundant.

Employees can try out an alternative role for 4 weeks (or more if agreed in writing) without giving up their right to redundancy pay.

Avoiding redundancies

You should take steps to avoid compulsory redundancies, for example by:

seeking applicants for voluntary redundancy or early retirement

seeking applications from existing staff to work flexibly

laying off self-employed contractors, freelancers etc

not using casual labour

restricting recruitment

reducing or banning overtime

filling vacancies elsewhere in the business with existing employees

short-time working or temporary lay-offs

Offers of alternative work

Even if you’ve selected someone for redundancy, you can still offer them alternative work.

For an offer to be valid:

it should be unconditional and in writing

it must be made before the employee’s current contract ends

it should show how the new job differs from the old

the job must actually be offered to the employee - they should not have to apply

the new job must start within 4 weeks of the old job ending

Employees who accept an offer of alternative work are allowed a 4-week trial period to see if the work is suitable. If you both agree that it is not, they can still claim redundancy pay.

The trial period can be longer than 4 weeks if you agree this in writing.

If you think the job is suitable but the employee refuses to take it, they might lose any redundancy pay entitlement.

Lay-offs and short-time working

You can lay off an employee (ask them to stay at home or take unpaid leave) when you temporarily cannot give them paid work - as long as the employment contract allows this.

Short-time working is when an employee works reduced hours or is paid less than half a week’s pay.

Laying off staff or short-time working can help avoid redundancies - but you have to agree this with staff first.

This could be in:

their employment contract

a national agreement for the industry

a collective agreement between you and a recognised trade union

National and collective agreements can only be enforced if they’re in the employee’s employment contract.

You may also be able to lay off an employee or put them on short-time working:

where you have clear evidence showing it’s been widely accepted in your organisation over a long period of time

if you agree with the employee to change their employment contract to allow them to be laid off or put on short-time working (this will not automatically give you the power to do this without their consent in the future)

Statutory guarantee payments

Employees are entitled to these if you do not provide them with a full day’s work during the time they’d normally be required to work.

The maximum payment is £30 a day for 5 days (£150) in any 3 months. If employees usually earn less than £30 a day, they’ll get their usual daily rate. For part-time workers, the rate is worked out proportionally.

Employees can claim a redundancy payment from you if the lay-off or short-time working runs for:

4 or more weeks in a row

6 or more weeks in a 13 week period, where no more than 3 are in a row

They must give you written notice in advance that they want to make a claim.

You do not have to pay if they’ll return to normal working hours within 4 weeks.

If you do not give guarantee pay to someone who’s entitled to it, they could take you to an employment tribunal.

There’s more advice on lay-offs and short-time working on the Acas (Advisory, Conciliation and Arbitration Service) website.

Non-compulsory redundancy

Voluntary redundancy

This is where you ask employees if they’d like to volunteer for redundancy.

You must have a fair and transparent selection process and tell employees they will not automatically be selected just because they applied.

Early retirement

This is where you offer employees incentives to retire early. It is used as an alternative to voluntary redundancy.

The offer must be made across the workforce - you cannot single out specific individuals.

You cannot force anyone into early retirement - it must be the employee’s choice.

Compulsory redundancy

If you decide you need to make compulsory redundancies, you must:

identify which employees will be made redundant

make sure you select people fairly - do not discriminate

Fair selection criteria

Fair reasons for selecting employees for redundancy include:

skills, qualifications and aptitude

standard of work and/or performance

attendance

disciplinary record

You can select employees based on their length of service (‘last in, first out’) but only if you can justify it. It could be indirect discrimination if it affects one group of people more than another.

Do not rely on length of service as your only selection criteria - this is likely to be age discrimination.

Unfair selection criteria

Some selection criteria are automatically unfair. You must not select an employee for redundancy based on any of the following reasons:

pregnancy, including all reasons relating to maternity

family, including parental leave, paternity leave (birth and adoption), adoption leave or time off for dependants

acting as an employee representative

acting as a trade union representative

joining or not joining a trade union

being a part-time or fixed-term employee

age, disability, gender reassignment, marriage and civil partnership, race, religion or belief, sex and sexual orientation

pay and working hours, including the Working Time Regulations, annual leave and the National Minimum Wage

You should always consult employees in a redundancy situation.

Redundancy consultations

If you do not consult employees in a redundancy situation, any redundancies you make will almost certainly be unfair and you could be taken to an employment tribunal.

You must follow ‘collective consultation’ rules if you’re making 20 or more employees redundant within any 90-day period at a single establishment.

There are no set rules to follow if there are fewer than 20 redundancies planned, but it’s good practice to fully consult employees and their representatives. An employment tribunal could decide that you’ve dismissed your staff unfairly if you do not.

Consultation does not have to end in agreement, but it must be carried out with a view to reaching it, including ways of avoiding or reducing the redundancies.

Collective consultation

Follow these steps.

You must notify the Redundancy Payments Service (RPS) before a consultation starts. The deadline depends on the number of proposed redundancies.

Consult with trade union representatives or elected employee representatives - or with staff directly if there are none.

Provide information to representatives or staff about the planned redundancies, giving representatives or staff enough time to consider them.

Respond to any requests for further information.

Give any affected staff termination notices showing the agreed leaving date.

Issue redundancy notices once the consultation is complete.

Notification

Notify RPS by filling in form HR1. Instructions on where to send it are on the form.

The deadline for notifying RPS depends on the number of proposed redundancies.

Number of proposed redundancies | When notification to RPS must be given

20 to 99 | 30 days before the first redundancy

100 or more | 45 days before the first redundancy

You can be fined an unlimited amount if you do not notify RPS.

Consultation

There’s no time limit on how long consultations last, but there is a minimum period before you can dismiss any employees.

Number of proposed redundancies | Minimum consultation period before dismissal

20 to 99 | 30 days

100 or more | 45 days

Information you must provide to representatives or staff

You must provide written details of:

the reasons for redundancies

the numbers and categories of employees involved

the numbers of employees in each category

how you plan to select employees for redundancy

how you’ll carry out redundancies

how you’ll work out redundancy payments

Further information

Download the guidance on how to manage collective redundancies from Advisory, Conciliation and Arbitration Service (Acas).

Giving staff notice

You must give staff notice and agree a leaving date once you’ve finished the redundancy consultations.

Give staff at least the statutory notice period, based on how long they have worked.

Length of service | Notice you must give

1 month to 2 years | At least a week

2 years to 12 years | A week’s notice for every year employed

12 or more years | 12 weeks

You can allow staff to leave earlier than the planned leaving date (for example without notice) by offering payment in lieu of notice.

Notice pay

You must give staff notice pay - based on their pay rate and notice period - or make a payment in lieu of notice.

Your employee’s notice pay is based on the average they earned per week over the 12 weeks before their notice period starts.

If your employee earned less than usual because you used the Coronavirus Job Retention Scheme to put them ‘on furlough’, you must work out their notice payments based on what they would have earned normally.

Pay in lieu of notice

If you have included a payment in lieu of notice clause in the employment contract, you can end your staff’s employment with no notice. This lets you make a payment to cover the notice period they would have worked.

These payments must have tax and National Insurance deducted.

When you make payments in lieu of notice, you still have to pay staff the basic pay they would have got during the notice period. You also have to pay pension, private health care insurance or other contributions if it’s in the employee’s contract.

Redundancy pay

Employees you make redundant might be entitled to redundancy pay - this is called a ‘statutory redundancy payment’.

To be eligible, an individual must:

be an employee working under a contract of employment

have at least 2 years’ continuous service

have been dismissed, laid off or put on short-time working - those who opted for early retirement do not qualify

You must make the payment when you dismiss the employee, or soon after.

A redundant employee also has the right to a written statement setting out the amount of redundancy payment and how you worked it out.

Statutory redundancy pay rates

These are based on an employee’s age and length of employment and are counted back from the date of dismissal.

Employees get:

1.5 weeks’ pay for each full year of employment after their 41st birthday

a week’s pay for each full year of employment after their 22nd birthday

half a week’s pay for each full year of employment up to their 22nd birthday

Length of service is capped at 20 years.

Your employee’s weekly pay is the average they earned per week over the 12 weeks before the day they got their redundancy notice.

If your employee earned less than usual because you used the Coronavirus Job Retention Scheme to put them ‘on furlough’, you must work out their redundancy payments based on what they would have earned normally.

Weekly pay is capped at £544. The maximum amount of statutory redundancy pay is £16,320.

Statutory redundancy pay rates may be different in Northern Ireland.

You can give your staff extra redundancy pay if you want to, or have a qualifying period of less than 2 years.

You can use the redundancy pay calculator to work out payments.

If you do not pay

If you fail to pay redundancy pay or if an employee disagrees with the amount, they have 3 months from the date their employment ended to make a claim for payment to an employment tribunal.

If an employee does not claim in time, a tribunal still has 6 months to decide whether or not they should get a payment.

If you have financial difficulties

If your business would become insolvent as a result of making the statutory redundancy payments, the Insolvency Service’s Redundancy Payments Service (RPS) may be able to help.

You’d have to repay any debt as soon as possible. Email the Redundancy Payments Service for more information. Include all of the following in your email:

your name

whether you’re the employer

whether you should be the main point of contact

the name of your business

your business address

number of redundancies

Tax

Employees who’ve been made redundant only pay tax on payments over £30,000. They do not pay any National Insurance.

Tax and National Insurance are deducted from other termination payments, for example payment in lieu of holiday or notice.

Getting help

If you have to make redundancies, Jobcentre Plus can give you and your employees support and advice through its Rapid Response Service.

Support could include:

helping people facing redundancy to write CVs and find jobs

providing general information about benefits

helping people to find the right training and learn new skills

helping with costs like travel to work expenses

Jobcentre Plus may also provide on-site support for large scale redundancies.

In Scotland, Rapid Response Service support is delivered through Partnership Action for Continuing Employment (PACE) - there’s more information on the Skills Development Scotland website.

In Wales, the service is delivered by the ReAct scheme.

Acas has an online redundancy helpline.

How to get help

To find out how your business can use the Rapid Response Service, email rrs.enquiries@dwp.gov.uk and include:

your contact details

the town(s) your business is based in (including postcodes)

the location(s) of the redundancies

be an employee working under a contract of employment

Making staff redundant

Overview

Redundancy is when you dismiss an employee because you no longer need anyone to do their job. This might be because your business is:

changing what it does

doing things in a different way, for example using new machinery

changing location or closing down

For a redundancy to be genuine, you must demonstrate that the employee’s job will no longer exist.

Redundancies can be compulsory or non-compulsory. If you do have to make redundancies you can get help from Jobcentre Plus.

Employee rights

Employees have certain rights and may be entitled to redundancy pay if they’re made redundant.

All employees under notice of redundancy have the right to:

reasonable time off to look for a new job or arrange training

not be unfairly selected for redundancy

You should always take steps to avoid redundancies before dismissing staff.

Alternative employment

Employers must try to find suitable alternative employment within the organisation for employees they’ve made redundant.

Employees can try out an alternative role for 4 weeks (or more if agreed in writing) without giving up their right to redundancy pay.

Avoiding redundancies

You should take steps to avoid compulsory redundancies, for example by:

seeking applicants for voluntary redundancy or early retirement

seeking applications from existing staff to work flexibly

laying off self-employed contractors, freelancers etc

not using casual labour

restricting recruitment

reducing or banning overtime

filling vacancies elsewhere in the business with existing employees

short-time working or temporary lay-offs

Offers of alternative work

Even if you’ve selected someone for redundancy, you can still offer them alternative work.

For an offer to be valid:

it should be unconditional and in writing

it must be made before the employee’s current contract ends

it should show how the new job differs from the old

the job must actually be offered to the employee - they should not have to apply

the new job must start within 4 weeks of the old job ending

The trial period can be longer than 4 weeks if you agree this in writing.

If you think the job is suitable but the employee refuses to take it, they might lose any redundancy pay entitlement.

Lay-offs and short-time working

Short-time working is when an employee works reduced hours or is paid less than half a week’s pay.

Laying off staff or short-time working can help avoid redundancies - but you have to agree this with staff first.

This could be in:

their employment contract

a national agreement for the industry

a collective agreement between you and a recognised trade union

National and collective agreements can only be enforced if they’re in the employee’s employment contract.

You may also be able to lay off an employee or put them on short-time working:

where you have clear evidence showing it’s been widely accepted in your organisation over a long period of time

Statutory guarantee payments

Employees are entitled to these if you do not provide them with a full day’s work during the time they’d normally be required to work.

Employees can claim a redundancy payment from you if the lay-off or short-time working runs for:

4 or more weeks in a row

6 or more weeks in a 13 week period, where no more than 3 are in a row

They must give you written notice in advance that they want to make a claim.

You do not have to pay if they’ll return to normal working hours within 4 weeks.

If you do not give guarantee pay to someone who’s entitled to it, they could take you to an employment tribunal.

There’s more advice on lay-offs and short-time working on the Acas (Advisory, Conciliation and Arbitration Service) website.

Non-compulsory redundancy

Voluntary redundancy

This is where you ask employees if they’d like to volunteer for redundancy.

You must have a fair and transparent selection process and tell employees they will not automatically be selected just because they applied.

Early retirement

This is where you offer employees incentives to retire early. It is used as an alternative to voluntary redundancy.

The offer must be made across the workforce - you cannot single out specific individuals.

You cannot force anyone into early retirement - it must be the employee’s choice.

Compulsory redundancy

If you decide you need to make compulsory redundancies, you must:

identify which employees will be made redundant

make sure you select people fairly - do not discriminate

Fair selection criteria

Fair reasons for selecting employees for redundancy include:

skills, qualifications and aptitude

standard of work and/or performance

attendance

disciplinary record

Do not rely on length of service as your only selection criteria - this is likely to be age discrimination.

Unfair selection criteria

Some selection criteria are automatically unfair. You must not select an employee for redundancy based on any of the following reasons:

pregnancy, including all reasons relating to maternity

family, including parental leave, paternity leave (birth and adoption), adoption leave or time off for dependants

acting as an employee representative

acting as a trade union representative

joining or not joining a trade union

being a part-time or fixed-term employee

age, disability, gender reassignment, marriage and civil partnership, race, religion or belief, sex and sexual orientation

pay and working hours, including the Working Time Regulations, annual leave and the National Minimum Wage

You should always consult employees in a redundancy situation.

Redundancy consultations

You must follow ‘collective consultation’ rules if you’re making 20 or more employees redundant within any 90-day period at a single establishment.

Collective consultation

Follow these steps.

You must notify the Redundancy Payments Service (RPS) before a consultation starts. The deadline depends on the number of proposed redundancies.

Consult with trade union representatives or elected employee representatives - or with staff directly if there are none.

Provide information to representatives or staff about the planned redundancies, giving representatives or staff enough time to consider them.

Respond to any requests for further information.

Give any affected staff termination notices showing the agreed leaving date.

Issue redundancy notices once the consultation is complete.

Notification

Notify RPS by filling in form HR1. Instructions on where to send it are on the form.

The deadline for notifying RPS depends on the number of proposed redundancies.

Number of proposed redundancies | When notification to RPS must be given

20 to 99 | 30 days before the first redundancy

100 or more | 45 days before the first redundancy

You can be fined an unlimited amount if you do not notify RPS.

Consultation

There’s no time limit on how long consultations last, but there is a minimum period before you can dismiss any employees.

Number of proposed redundancies | Minimum consultation period before dismissal

20 to 99 | 30 days

100 or more | 45 days

Information you must provide to representatives or staff

You must provide written details of:

the reasons for redundancies

the numbers and categories of employees involved

the numbers of employees in each category

how you plan to select employees for redundancy

how you’ll carry out redundancies

how you’ll work out redundancy payments

Further information

Download the guidance on how to manage collective redundancies from Advisory, Conciliation and Arbitration Service (Acas).

Giving staff notice

You must give staff notice and agree a leaving date once you’ve finished the redundancy consultations.

Give staff at least the statutory notice period, based on how long they have worked.

Length of service | Notice you must give

1 month to 2 years | At least a week

2 years to 12 years | A week’s notice for every year employed

12 or more years | 12 weeks

You can allow staff to leave earlier than the planned leaving date (for example without notice) by offering payment in lieu of notice.

Notice pay

You must give staff notice pay - based on their pay rate and notice period - or make a payment in lieu of notice.

Your employee’s notice pay is based on the average they earned per week over the 12 weeks before their notice period starts.

Pay in lieu of notice

These payments must have tax and National Insurance deducted.

Redundancy pay

Employees you make redundant might be entitled to redundancy pay - this is called a ‘statutory redundancy payment’.

To be eligible, an individual must:

be an employee working under a contract of employment

have at least 2 years’ continuous service

have been dismissed, laid off or put on short-time working - those who opted for early retirement do not qualify

You must make the payment when you dismiss the employee, or soon after.

A redundant employee also has the right to a written statement setting out the amount of redundancy payment and how you worked it out.

Statutory redundancy pay rates

These are based on an employee’s age and length of employment and are counted back from the date of dismissal.

Employees get:

1.5 weeks’ pay for each full year of employment after their 41st birthday

a week’s pay for each full year of employment after their 22nd birthday

half a week’s pay for each full year of employment up to their 22nd birthday

Length of service is capped at 20 years.

Your employee’s weekly pay is the average they earned per week over the 12 weeks before the day they got their redundancy notice.

Weekly pay is capped at £544. The maximum amount of statutory redundancy pay is £16,320.

Statutory redundancy pay rates may be different in Northern Ireland.

You can give your staff extra redundancy pay if you want to, or have a qualifying period of less than 2 years.

You can use the redundancy pay calculator to work out payments.

If you do not pay

If an employee does not claim in time, a tribunal still has 6 months to decide whether or not they should get a payment.

If you have financial difficulties

You’d have to repay any debt as soon as possible. Email the Redundancy Payments Service for more information. Include all of the following in your email:

your name

whether you’re the employer

whether you should be the main point of contact

the name of your business

your business address

number of redundancies

Tax

Employees who’ve been made redundant only pay tax on payments over £30,000. They do not pay any National Insurance.

Tax and National Insurance are deducted from other termination payments, for example payment in lieu of holiday or notice.

Getting help

If you have to make redundancies, Jobcentre Plus can give you and your employees support and advice through its Rapid Response Service.

Support could include:

helping people facing redundancy to write CVs and find jobs

providing general information about benefits

helping people to find the right training and learn new skills

helping with costs like travel to work expenses

Jobcentre Plus may also provide on-site support for large scale redundancies.

In Wales, the service is delivered by the ReAct scheme.

Acas has an online redundancy helpline.

How to get help

To find out how your business can use the Rapid Response Service, email rrs.enquiries@dwp.gov.uk and include:

your contact details

the town(s) your business is based in (including postcodes)

the location(s) of the redundancies

have at least 2 years’ continuous service

Making staff redundant

Overview

Redundancy is when you dismiss an employee because you no longer need anyone to do their job. This might be because your business is:

changing what it does

doing things in a different way, for example using new machinery

changing location or closing down

For a redundancy to be genuine, you must demonstrate that the employee’s job will no longer exist.

Redundancies can be compulsory or non-compulsory. If you do have to make redundancies you can get help from Jobcentre Plus.

Employee rights

Employees have certain rights and may be entitled to redundancy pay if they’re made redundant.

All employees under notice of redundancy have the right to:

reasonable time off to look for a new job or arrange training

not be unfairly selected for redundancy

You should always take steps to avoid redundancies before dismissing staff.

Alternative employment

Employers must try to find suitable alternative employment within the organisation for employees they’ve made redundant.

Employees can try out an alternative role for 4 weeks (or more if agreed in writing) without giving up their right to redundancy pay.

Avoiding redundancies

You should take steps to avoid compulsory redundancies, for example by:

seeking applicants for voluntary redundancy or early retirement

seeking applications from existing staff to work flexibly

laying off self-employed contractors, freelancers etc

not using casual labour

restricting recruitment

reducing or banning overtime

filling vacancies elsewhere in the business with existing employees

short-time working or temporary lay-offs

Offers of alternative work

Even if you’ve selected someone for redundancy, you can still offer them alternative work.

For an offer to be valid:

it should be unconditional and in writing

it must be made before the employee’s current contract ends

it should show how the new job differs from the old

the job must actually be offered to the employee - they should not have to apply

the new job must start within 4 weeks of the old job ending

The trial period can be longer than 4 weeks if you agree this in writing.

If you think the job is suitable but the employee refuses to take it, they might lose any redundancy pay entitlement.

Lay-offs and short-time working

Short-time working is when an employee works reduced hours or is paid less than half a week’s pay.

Laying off staff or short-time working can help avoid redundancies - but you have to agree this with staff first.

This could be in:

their employment contract

a national agreement for the industry

a collective agreement between you and a recognised trade union

National and collective agreements can only be enforced if they’re in the employee’s employment contract.

You may also be able to lay off an employee or put them on short-time working:

where you have clear evidence showing it’s been widely accepted in your organisation over a long period of time

Statutory guarantee payments

Employees are entitled to these if you do not provide them with a full day’s work during the time they’d normally be required to work.

Employees can claim a redundancy payment from you if the lay-off or short-time working runs for:

4 or more weeks in a row

6 or more weeks in a 13 week period, where no more than 3 are in a row

They must give you written notice in advance that they want to make a claim.

You do not have to pay if they’ll return to normal working hours within 4 weeks.

If you do not give guarantee pay to someone who’s entitled to it, they could take you to an employment tribunal.

There’s more advice on lay-offs and short-time working on the Acas (Advisory, Conciliation and Arbitration Service) website.

Non-compulsory redundancy

Voluntary redundancy

This is where you ask employees if they’d like to volunteer for redundancy.

You must have a fair and transparent selection process and tell employees they will not automatically be selected just because they applied.

Early retirement

This is where you offer employees incentives to retire early. It is used as an alternative to voluntary redundancy.

The offer must be made across the workforce - you cannot single out specific individuals.

You cannot force anyone into early retirement - it must be the employee’s choice.

Compulsory redundancy

If you decide you need to make compulsory redundancies, you must:

identify which employees will be made redundant

make sure you select people fairly - do not discriminate

Fair selection criteria

Fair reasons for selecting employees for redundancy include:

skills, qualifications and aptitude

standard of work and/or performance

attendance

disciplinary record

Do not rely on length of service as your only selection criteria - this is likely to be age discrimination.

Unfair selection criteria

Some selection criteria are automatically unfair. You must not select an employee for redundancy based on any of the following reasons:

pregnancy, including all reasons relating to maternity

family, including parental leave, paternity leave (birth and adoption), adoption leave or time off for dependants

acting as an employee representative

acting as a trade union representative

joining or not joining a trade union

being a part-time or fixed-term employee

age, disability, gender reassignment, marriage and civil partnership, race, religion or belief, sex and sexual orientation

pay and working hours, including the Working Time Regulations, annual leave and the National Minimum Wage

You should always consult employees in a redundancy situation.

Redundancy consultations

You must follow ‘collective consultation’ rules if you’re making 20 or more employees redundant within any 90-day period at a single establishment.

Collective consultation

Follow these steps.

You must notify the Redundancy Payments Service (RPS) before a consultation starts. The deadline depends on the number of proposed redundancies.

Consult with trade union representatives or elected employee representatives - or with staff directly if there are none.

Provide information to representatives or staff about the planned redundancies, giving representatives or staff enough time to consider them.

Respond to any requests for further information.

Give any affected staff termination notices showing the agreed leaving date.

Issue redundancy notices once the consultation is complete.

Notification

Notify RPS by filling in form HR1. Instructions on where to send it are on the form.

The deadline for notifying RPS depends on the number of proposed redundancies.

Number of proposed redundancies | When notification to RPS must be given

20 to 99 | 30 days before the first redundancy

100 or more | 45 days before the first redundancy

You can be fined an unlimited amount if you do not notify RPS.

Consultation

There’s no time limit on how long consultations last, but there is a minimum period before you can dismiss any employees.

Number of proposed redundancies | Minimum consultation period before dismissal

20 to 99 | 30 days

100 or more | 45 days

Information you must provide to representatives or staff

You must provide written details of:

the reasons for redundancies

the numbers and categories of employees involved

the numbers of employees in each category

how you plan to select employees for redundancy

how you’ll carry out redundancies

how you’ll work out redundancy payments

Further information

Download the guidance on how to manage collective redundancies from Advisory, Conciliation and Arbitration Service (Acas).

Giving staff notice

You must give staff notice and agree a leaving date once you’ve finished the redundancy consultations.

Give staff at least the statutory notice period, based on how long they have worked.

Length of service | Notice you must give

1 month to 2 years | At least a week

2 years to 12 years | A week’s notice for every year employed

12 or more years | 12 weeks

You can allow staff to leave earlier than the planned leaving date (for example without notice) by offering payment in lieu of notice.

Notice pay

You must give staff notice pay - based on their pay rate and notice period - or make a payment in lieu of notice.

Your employee’s notice pay is based on the average they earned per week over the 12 weeks before their notice period starts.

Pay in lieu of notice

These payments must have tax and National Insurance deducted.

Redundancy pay

Employees you make redundant might be entitled to redundancy pay - this is called a ‘statutory redundancy payment’.

To be eligible, an individual must:

be an employee working under a contract of employment

have at least 2 years’ continuous service

have been dismissed, laid off or put on short-time working - those who opted for early retirement do not qualify

You must make the payment when you dismiss the employee, or soon after.

A redundant employee also has the right to a written statement setting out the amount of redundancy payment and how you worked it out.

Statutory redundancy pay rates

These are based on an employee’s age and length of employment and are counted back from the date of dismissal.

Employees get:

1.5 weeks’ pay for each full year of employment after their 41st birthday

a week’s pay for each full year of employment after their 22nd birthday

half a week’s pay for each full year of employment up to their 22nd birthday

Length of service is capped at 20 years.

Your employee’s weekly pay is the average they earned per week over the 12 weeks before the day they got their redundancy notice.

Weekly pay is capped at £544. The maximum amount of statutory redundancy pay is £16,320.

Statutory redundancy pay rates may be different in Northern Ireland.

You can give your staff extra redundancy pay if you want to, or have a qualifying period of less than 2 years.

You can use the redundancy pay calculator to work out payments.

If you do not pay

If an employee does not claim in time, a tribunal still has 6 months to decide whether or not they should get a payment.

If you have financial difficulties

You’d have to repay any debt as soon as possible. Email the Redundancy Payments Service for more information. Include all of the following in your email:

your name

whether you’re the employer

whether you should be the main point of contact

the name of your business

your business address

number of redundancies

Tax

Employees who’ve been made redundant only pay tax on payments over £30,000. They do not pay any National Insurance.

Tax and National Insurance are deducted from other termination payments, for example payment in lieu of holiday or notice.

Getting help

If you have to make redundancies, Jobcentre Plus can give you and your employees support and advice through its Rapid Response Service.

Support could include:

helping people facing redundancy to write CVs and find jobs

providing general information about benefits

helping people to find the right training and learn new skills

helping with costs like travel to work expenses

Jobcentre Plus may also provide on-site support for large scale redundancies.

In Wales, the service is delivered by the ReAct scheme.

Acas has an online redundancy helpline.

How to get help

To find out how your business can use the Rapid Response Service, email rrs.enquiries@dwp.gov.uk and include:

your contact details

the town(s) your business is based in (including postcodes)

the location(s) of the redundancies

have been dismissed, laid off or put on short-time working - those who opted for early retirement do not qualify

Making staff redundant

Overview

Redundancy is when you dismiss an employee because you no longer need anyone to do their job. This might be because your business is:

changing what it does

doing things in a different way, for example using new machinery

changing location or closing down

For a redundancy to be genuine, you must demonstrate that the employee’s job will no longer exist.

Redundancies can be compulsory or non-compulsory. If you do have to make redundancies you can get help from Jobcentre Plus.

Employee rights

Employees have certain rights and may be entitled to redundancy pay if they’re made redundant.

All employees under notice of redundancy have the right to:

reasonable time off to look for a new job or arrange training

not be unfairly selected for redundancy

You should always take steps to avoid redundancies before dismissing staff.

Alternative employment

Employers must try to find suitable alternative employment within the organisation for employees they’ve made redundant.

Employees can try out an alternative role for 4 weeks (or more if agreed in writing) without giving up their right to redundancy pay.

Avoiding redundancies

You should take steps to avoid compulsory redundancies, for example by:

seeking applicants for voluntary redundancy or early retirement

seeking applications from existing staff to work flexibly

laying off self-employed contractors, freelancers etc

not using casual labour

restricting recruitment

reducing or banning overtime

filling vacancies elsewhere in the business with existing employees

short-time working or temporary lay-offs

Offers of alternative work

Even if you’ve selected someone for redundancy, you can still offer them alternative work.

For an offer to be valid:

it should be unconditional and in writing

it must be made before the employee’s current contract ends

it should show how the new job differs from the old

the job must actually be offered to the employee - they should not have to apply

the new job must start within 4 weeks of the old job ending

The trial period can be longer than 4 weeks if you agree this in writing.

If you think the job is suitable but the employee refuses to take it, they might lose any redundancy pay entitlement.

Lay-offs and short-time working

Short-time working is when an employee works reduced hours or is paid less than half a week’s pay.

Laying off staff or short-time working can help avoid redundancies - but you have to agree this with staff first.

This could be in:

their employment contract

a national agreement for the industry

a collective agreement between you and a recognised trade union

National and collective agreements can only be enforced if they’re in the employee’s employment contract.

You may also be able to lay off an employee or put them on short-time working:

where you have clear evidence showing it’s been widely accepted in your organisation over a long period of time

Statutory guarantee payments

Employees are entitled to these if you do not provide them with a full day’s work during the time they’d normally be required to work.

Employees can claim a redundancy payment from you if the lay-off or short-time working runs for:

4 or more weeks in a row

6 or more weeks in a 13 week period, where no more than 3 are in a row

They must give you written notice in advance that they want to make a claim.

You do not have to pay if they’ll return to normal working hours within 4 weeks.

If you do not give guarantee pay to someone who’s entitled to it, they could take you to an employment tribunal.

There’s more advice on lay-offs and short-time working on the Acas (Advisory, Conciliation and Arbitration Service) website.

Non-compulsory redundancy

Voluntary redundancy

This is where you ask employees if they’d like to volunteer for redundancy.

You must have a fair and transparent selection process and tell employees they will not automatically be selected just because they applied.

Early retirement

This is where you offer employees incentives to retire early. It is used as an alternative to voluntary redundancy.

The offer must be made across the workforce - you cannot single out specific individuals.

You cannot force anyone into early retirement - it must be the employee’s choice.

Compulsory redundancy

If you decide you need to make compulsory redundancies, you must:

identify which employees will be made redundant

make sure you select people fairly - do not discriminate

Fair selection criteria

Fair reasons for selecting employees for redundancy include:

skills, qualifications and aptitude

standard of work and/or performance

attendance

disciplinary record

Do not rely on length of service as your only selection criteria - this is likely to be age discrimination.

Unfair selection criteria

Some selection criteria are automatically unfair. You must not select an employee for redundancy based on any of the following reasons:

pregnancy, including all reasons relating to maternity

family, including parental leave, paternity leave (birth and adoption), adoption leave or time off for dependants

acting as an employee representative

acting as a trade union representative

joining or not joining a trade union

being a part-time or fixed-term employee

age, disability, gender reassignment, marriage and civil partnership, race, religion or belief, sex and sexual orientation

pay and working hours, including the Working Time Regulations, annual leave and the National Minimum Wage

You should always consult employees in a redundancy situation.

Redundancy consultations

You must follow ‘collective consultation’ rules if you’re making 20 or more employees redundant within any 90-day period at a single establishment.

Collective consultation

Follow these steps.

You must notify the Redundancy Payments Service (RPS) before a consultation starts. The deadline depends on the number of proposed redundancies.

Consult with trade union representatives or elected employee representatives - or with staff directly if there are none.

Provide information to representatives or staff about the planned redundancies, giving representatives or staff enough time to consider them.

Respond to any requests for further information.

Give any affected staff termination notices showing the agreed leaving date.

Issue redundancy notices once the consultation is complete.

Notification

Notify RPS by filling in form HR1. Instructions on where to send it are on the form.

The deadline for notifying RPS depends on the number of proposed redundancies.

Number of proposed redundancies | When notification to RPS must be given

20 to 99 | 30 days before the first redundancy

100 or more | 45 days before the first redundancy

You can be fined an unlimited amount if you do not notify RPS.

Consultation

There’s no time limit on how long consultations last, but there is a minimum period before you can dismiss any employees.

Number of proposed redundancies | Minimum consultation period before dismissal

20 to 99 | 30 days

100 or more | 45 days

Information you must provide to representatives or staff

You must provide written details of:

the reasons for redundancies

the numbers and categories of employees involved

the numbers of employees in each category

how you plan to select employees for redundancy

how you’ll carry out redundancies

how you’ll work out redundancy payments

Further information

Download the guidance on how to manage collective redundancies from Advisory, Conciliation and Arbitration Service (Acas).

Giving staff notice

You must give staff notice and agree a leaving date once you’ve finished the redundancy consultations.

Give staff at least the statutory notice period, based on how long they have worked.

Length of service | Notice you must give

1 month to 2 years | At least a week

2 years to 12 years | A week’s notice for every year employed

12 or more years | 12 weeks

You can allow staff to leave earlier than the planned leaving date (for example without notice) by offering payment in lieu of notice.

Notice pay

You must give staff notice pay - based on their pay rate and notice period - or make a payment in lieu of notice.

Your employee’s notice pay is based on the average they earned per week over the 12 weeks before their notice period starts.

Pay in lieu of notice

These payments must have tax and National Insurance deducted.

Redundancy pay

Employees you make redundant might be entitled to redundancy pay - this is called a ‘statutory redundancy payment’.

To be eligible, an individual must:

be an employee working under a contract of employment

have at least 2 years’ continuous service

have been dismissed, laid off or put on short-time working - those who opted for early retirement do not qualify

You must make the payment when you dismiss the employee, or soon after.

A redundant employee also has the right to a written statement setting out the amount of redundancy payment and how you worked it out.

Statutory redundancy pay rates

These are based on an employee’s age and length of employment and are counted back from the date of dismissal.

Employees get:

1.5 weeks’ pay for each full year of employment after their 41st birthday

a week’s pay for each full year of employment after their 22nd birthday

half a week’s pay for each full year of employment up to their 22nd birthday

Length of service is capped at 20 years.

Your employee’s weekly pay is the average they earned per week over the 12 weeks before the day they got their redundancy notice.

Weekly pay is capped at £544. The maximum amount of statutory redundancy pay is £16,320.

Statutory redundancy pay rates may be different in Northern Ireland.

You can give your staff extra redundancy pay if you want to, or have a qualifying period of less than 2 years.

You can use the redundancy pay calculator to work out payments.

If you do not pay

If an employee does not claim in time, a tribunal still has 6 months to decide whether or not they should get a payment.

If you have financial difficulties

You’d have to repay any debt as soon as possible. Email the Redundancy Payments Service for more information. Include all of the following in your email:

your name

whether you’re the employer

whether you should be the main point of contact

the name of your business

your business address

number of redundancies

Tax

Employees who’ve been made redundant only pay tax on payments over £30,000. They do not pay any National Insurance.

Tax and National Insurance are deducted from other termination payments, for example payment in lieu of holiday or notice.

Getting help

If you have to make redundancies, Jobcentre Plus can give you and your employees support and advice through its Rapid Response Service.

Support could include:

helping people facing redundancy to write CVs and find jobs

providing general information about benefits

helping people to find the right training and learn new skills

helping with costs like travel to work expenses

Jobcentre Plus may also provide on-site support for large scale redundancies.

In Wales, the service is delivered by the ReAct scheme.

Acas has an online redundancy helpline.

How to get help

To find out how your business can use the Rapid Response Service, email rrs.enquiries@dwp.gov.uk and include:

your contact details

the town(s) your business is based in (including postcodes)

the location(s) of the redundancies


I am on a full time employment. Recently I was made redundant and was given 4 weeks of notice and given a planned leaving date. Now I got a better offer outside within 1 weeks of notice Can I leave before the planned leaving date ?

You can allow staff to leave earlier than the planned leaving date (for example without notice) by offering payment in lieu of notice.

Making staff redundant

Overview

Redundancy is when you dismiss an employee because you no longer need anyone to do their job. This might be because your business is:

changing what it does

doing things in a different way, for example using new machinery

changing location or closing down

If you’ve been impacted by coronavirus (COVID-19), you can get funding to continue to pay your employees instead of making them redundant. This is known as furloughing.

For a redundancy to be genuine, you must demonstrate that the employee’s job will no longer exist.

Redundancies can be compulsory or non-compulsory. If you do have to make redundancies you can get help from Jobcentre Plus.

Employee rights

Employees have certain rights and may be entitled to redundancy pay if they’re made redundant.

All employees under notice of redundancy have the right to:

reasonable time off to look for a new job or arrange training

not be unfairly selected for redundancy

You should always take steps to avoid redundancies before dismissing staff.

Alternative employment

Employers must try to find suitable alternative employment within the organisation for employees they’ve made redundant.

Employees can try out an alternative role for 4 weeks (or more if agreed in writing) without giving up their right to redundancy pay.

Avoiding redundancies

You should take steps to avoid compulsory redundancies, for example by:

seeking applicants for voluntary redundancy or early retirement

seeking applications from existing staff to work flexibly

laying off self-employed contractors, freelancers etc

not using casual labour

restricting recruitment

reducing or banning overtime

filling vacancies elsewhere in the business with existing employees

short-time working or temporary lay-offs

Offers of alternative work

Even if you’ve selected someone for redundancy, you can still offer them alternative work.

For an offer to be valid:

it should be unconditional and in writing

it must be made before the employee’s current contract ends

it should show how the new job differs from the old

the job must actually be offered to the employee - they should not have to apply

the new job must start within 4 weeks of the old job ending

Employees who accept an offer of alternative work are allowed a 4-week trial period to see if the work is suitable. If you both agree that it is not, they can still claim redundancy pay.

The trial period can be longer than 4 weeks if you agree this in writing.

If you think the job is suitable but the employee refuses to take it, they might lose any redundancy pay entitlement.

Lay-offs and short-time working

You can lay off an employee (ask them to stay at home or take unpaid leave) when you temporarily cannot give them paid work - as long as the employment contract allows this.

Short-time working is when an employee works reduced hours or is paid less than half a week’s pay.

Laying off staff or short-time working can help avoid redundancies - but you have to agree this with staff first.

This could be in:

their employment contract

a national agreement for the industry

a collective agreement between you and a recognised trade union

National and collective agreements can only be enforced if they’re in the employee’s employment contract.

You may also be able to lay off an employee or put them on short-time working:

where you have clear evidence showing it’s been widely accepted in your organisation over a long period of time

if you agree with the employee to change their employment contract to allow them to be laid off or put on short-time working (this will not automatically give you the power to do this without their consent in the future)

Statutory guarantee payments

Employees are entitled to these if you do not provide them with a full day’s work during the time they’d normally be required to work.

The maximum payment is £30 a day for 5 days (£150) in any 3 months. If employees usually earn less than £30 a day, they’ll get their usual daily rate. For part-time workers, the rate is worked out proportionally.

Employees can claim a redundancy payment from you if the lay-off or short-time working runs for:

4 or more weeks in a row

6 or more weeks in a 13 week period, where no more than 3 are in a row

They must give you written notice in advance that they want to make a claim.

You do not have to pay if they’ll return to normal working hours within 4 weeks.

If you do not give guarantee pay to someone who’s entitled to it, they could take you to an employment tribunal.

There’s more advice on lay-offs and short-time working on the Acas (Advisory, Conciliation and Arbitration Service) website.

Non-compulsory redundancy

Voluntary redundancy

This is where you ask employees if they’d like to volunteer for redundancy.

You must have a fair and transparent selection process and tell employees they will not automatically be selected just because they applied.

Early retirement

This is where you offer employees incentives to retire early. It is used as an alternative to voluntary redundancy.

The offer must be made across the workforce - you cannot single out specific individuals.

You cannot force anyone into early retirement - it must be the employee’s choice.

Compulsory redundancy

If you decide you need to make compulsory redundancies, you must:

identify which employees will be made redundant

make sure you select people fairly - do not discriminate

Fair selection criteria

Fair reasons for selecting employees for redundancy include:

skills, qualifications and aptitude

standard of work and/or performance

attendance

disciplinary record

You can select employees based on their length of service (‘last in, first out’) but only if you can justify it. It could be indirect discrimination if it affects one group of people more than another.

Do not rely on length of service as your only selection criteria - this is likely to be age discrimination.

Unfair selection criteria

Some selection criteria are automatically unfair. You must not select an employee for redundancy based on any of the following reasons:

pregnancy, including all reasons relating to maternity

family, including parental leave, paternity leave (birth and adoption), adoption leave or time off for dependants

acting as an employee representative

acting as a trade union representative

joining or not joining a trade union

being a part-time or fixed-term employee

age, disability, gender reassignment, marriage and civil partnership, race, religion or belief, sex and sexual orientation

pay and working hours, including the Working Time Regulations, annual leave and the National Minimum Wage

You should always consult employees in a redundancy situation.

Redundancy consultations

If you do not consult employees in a redundancy situation, any redundancies you make will almost certainly be unfair and you could be taken to an employment tribunal.

You must follow ‘collective consultation’ rules if you’re making 20 or more employees redundant within any 90-day period at a single establishment.

There are no set rules to follow if there are fewer than 20 redundancies planned, but it’s good practice to fully consult employees and their representatives. An employment tribunal could decide that you’ve dismissed your staff unfairly if you do not.

Consultation does not have to end in agreement, but it must be carried out with a view to reaching it, including ways of avoiding or reducing the redundancies.

Collective consultation

Follow these steps.

You must notify the Redundancy Payments Service (RPS) before a consultation starts. The deadline depends on the number of proposed redundancies.

Consult with trade union representatives or elected employee representatives - or with staff directly if there are none.

Provide information to representatives or staff about the planned redundancies, giving representatives or staff enough time to consider them.

Respond to any requests for further information.

Give any affected staff termination notices showing the agreed leaving date.

Issue redundancy notices once the consultation is complete.

Notification

Notify RPS by filling in form HR1. Instructions on where to send it are on the form.

The deadline for notifying RPS depends on the number of proposed redundancies.

Number of proposed redundancies | When notification to RPS must be given

20 to 99 | 30 days before the first redundancy

100 or more | 45 days before the first redundancy

You can be fined an unlimited amount if you do not notify RPS.

Consultation

There’s no time limit on how long consultations last, but there is a minimum period before you can dismiss any employees.

Number of proposed redundancies | Minimum consultation period before dismissal

20 to 99 | 30 days

100 or more | 45 days

Information you must provide to representatives or staff

You must provide written details of:

the reasons for redundancies

the numbers and categories of employees involved

the numbers of employees in each category

how you plan to select employees for redundancy

how you’ll carry out redundancies

how you’ll work out redundancy payments

Further information

Download the guidance on how to manage collective redundancies from Advisory, Conciliation and Arbitration Service (Acas).

Giving staff notice

You must give staff notice and agree a leaving date once you’ve finished the redundancy consultations.

Give staff at least the statutory notice period, based on how long they have worked.

Length of service | Notice you must give

1 month to 2 years | At least a week

2 years to 12 years | A week’s notice for every year employed

12 or more years | 12 weeks

Notice pay

You must give staff notice pay - based on their pay rate and notice period - or make a payment in lieu of notice.

Your employee’s notice pay is based on the average they earned per week over the 12 weeks before their notice period starts.

If your employee earned less than usual because you used the Coronavirus Job Retention Scheme to put them ‘on furlough’, you must work out their notice payments based on what they would have earned normally.

Pay in lieu of notice

If you have included a payment in lieu of notice clause in the employment contract, you can end your staff’s employment with no notice. This lets you make a payment to cover the notice period they would have worked.

These payments must have tax and National Insurance deducted.

When you make payments in lieu of notice, you still have to pay staff the basic pay they would have got during the notice period. You also have to pay pension, private health care insurance or other contributions if it’s in the employee’s contract.

Redundancy pay

Employees you make redundant might be entitled to redundancy pay - this is called a ‘statutory redundancy payment’.

To be eligible, an individual must:

be an employee working under a contract of employment

have at least 2 years’ continuous service

have been dismissed, laid off or put on short-time working - those who opted for early retirement do not qualify

You must make the payment when you dismiss the employee, or soon after.

A redundant employee also has the right to a written statement setting out the amount of redundancy payment and how you worked it out.

Statutory redundancy pay rates

These are based on an employee’s age and length of employment and are counted back from the date of dismissal.

Employees get:

1.5 weeks’ pay for each full year of employment after their 41st birthday

a week’s pay for each full year of employment after their 22nd birthday

half a week’s pay for each full year of employment up to their 22nd birthday

Length of service is capped at 20 years.

Your employee’s weekly pay is the average they earned per week over the 12 weeks before the day they got their redundancy notice.

If your employee earned less than usual because you used the Coronavirus Job Retention Scheme to put them ‘on furlough’, you must work out their redundancy payments based on what they would have earned normally.

Weekly pay is capped at £544. The maximum amount of statutory redundancy pay is £16,320.

Statutory redundancy pay rates may be different in Northern Ireland.

You can give your staff extra redundancy pay if you want to, or have a qualifying period of less than 2 years.

You can use the redundancy pay calculator to work out payments.

If you do not pay

If you fail to pay redundancy pay or if an employee disagrees with the amount, they have 3 months from the date their employment ended to make a claim for payment to an employment tribunal.

If an employee does not claim in time, a tribunal still has 6 months to decide whether or not they should get a payment.

If you have financial difficulties

If your business would become insolvent as a result of making the statutory redundancy payments, the Insolvency Service’s Redundancy Payments Service (RPS) may be able to help.

You’d have to repay any debt as soon as possible. Email the Redundancy Payments Service for more information. Include all of the following in your email:

your name

whether you’re the employer

whether you should be the main point of contact

the name of your business

your business address

number of redundancies

Tax

Employees who’ve been made redundant only pay tax on payments over £30,000. They do not pay any National Insurance.

Tax and National Insurance are deducted from other termination payments, for example payment in lieu of holiday or notice.

Getting help

If you have to make redundancies, Jobcentre Plus can give you and your employees support and advice through its Rapid Response Service.

Support could include:

helping people facing redundancy to write CVs and find jobs

providing general information about benefits

helping people to find the right training and learn new skills

helping with costs like travel to work expenses

Jobcentre Plus may also provide on-site support for large scale redundancies.

In Scotland, Rapid Response Service support is delivered through Partnership Action for Continuing Employment (PACE) - there’s more information on the Skills Development Scotland website.

In Wales, the service is delivered by the ReAct scheme.

Acas has an online redundancy helpline.

How to get help

To find out how your business can use the Rapid Response Service, email rrs.enquiries@dwp.gov.uk and include:

your contact details

the town(s) your business is based in (including postcodes)

the location(s) of the redundancies


I am planning to surprise my husband with a week long cruise around the Med, later this year. I have never been on a cruise before, however, and am a little worried about some aspects. I want to assure myself that this trip will be perfectly safe, what measures will be in place to ensure this?

Passenger ships which operate internationally must follow international conventions, such as the:

Health and safety on ships

Overview

Operators of seagoing ships or small commercial vessels must protect the health and safety of workers by:

following safety standards and codes of practice

ensuring the safety of machinery and equipment

making sure the vessel is safely manned and all workers have the necessary qualifications

having the right emergency procedures and equipment

providing health protection and medical care

doing regular risk assessments

supplying necessary protective clothing and equipment

monitoring maritime safety information broadcasts

consulting with workers or their representatives on health and safety matters

Providing health and safety training

Workers must get basic health and safety training. There’s more information on what this covers on the Health and Safety Executive (HSE) website.

Written health and safety policy

The ship must must have a policy that sets out how health and safety will be managed. Read guidance on writing a health and safety policy.

Risk assessments

Regular risk assessments must be carried out to see how accidents, injuries or illnesses could be caused on the ship and what can be done to reduce the chances of them happening.

Risk assessments must be reviewed every year and whenever there are significant changes to either the ship or working activities.

Read chapter 1 of the ‘Code of safe working practices for merchant seafarers 2018’ for the basic requirements for risk assessments on board ships.

Read the ‘Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997’ for the requirements for risk assessments on merchant ships.

Safe working practices

Code of safe working practices

By law, up-to-date copies of the ‘Code of safe working practices for merchant seamen’ must be carried on a UK ship that’s not a fishing boat or pleasure craft.

A copy of the code must be available to any seaman who requests it.

The ‘Code of safe working practices for merchant seamen (Consolidated edition 2011)’ is available to buy from The Stationery Office.

Read the ‘Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997’ for safety standards and requirements for merchant ships.

Safety signs

Certain health and safety signs must be displayed on ships, such as emergency escape signs or danger warning signs. Signs must meet legal requirements if they’re permanently displayed.

Read the ‘Merchant Shipping and Fishing Vessels (Safety Signs and Signals) Regulations 2001’ to find out how and where safety signs and signals must be displayed.

‘Permit to work’

The ‘permit to work’ system reduces the risk of accidents on board ship. Under this system, seafarers must get written permission from a senior officer before they can perform hazardous tasks, like:

working aloft and outboard

working with boilers

‘hot work’ (work which could result in the ignition of flammable material, for example welding)

working in unmanned machinery spaces

entry into enclosed spaces

electrical testing

Read about using ‘permit to work’ schemes to test electrical systems.

Read ‘Safety Preparations Prior to Machinery Maintenance’ to find out how to prepare for doing maintenance on machinery on ships.

‘Permit to work’ templates

Protective equipment

Workers must be given suitable protective equipment if performing dangerous tasks.

You should only use protective equipment when risks cannot be avoided or reduced to an acceptable level by safe working practices. This equipment should:

meet the required standards

be a correct fit for the worker or adjustable

be compatible with any other equipment the worker has to use

be easily accessible, properly stored and maintained

be provided free of charge (unless it’s also used outside the workplace)

Read the ‘Merchant Shipping and Fishing Vessels Personal Protective Equipment Regulations’ to find out about personal protective equipment.

Noise and vibration

Risk assessments must be carried out to identify who is at risk from noise or vibration on a ship and what can be done to reduce or remove these risks.

Workers must be told about:

the nature of noise or vibration risks

how to eliminate or reduce the risks from noise or vibration

the correct use of any protective equipment

how to detect and report signs of injury

The Maritime and Coastguard Agency (MCA) provides information on controlling the risks of noise and vibration at sea.

Read the:

code of practice for controlling risks due to noise and vibration on ships

guidance on mitigating against the effects of shocks and impacts on small vessels

You may be able to get an exemption from the noise and vibration requirements.

Find out how to apply for an exemption from the:

control of vibration at work regulations

control of noise at work regulations

Small commercial vessels

Small commercial vessels must have safety measures in place for workers, such as:

bulwarks, guardrails or wire around the working deck to stop people falling overboard

safety harnesses for anyone working on deck

a means of securing the lifelines of safety harnesses

non-slip deck surfaces

Smaller commercial vessels (under 24 metres) must comply with the ‘Small commercial vessels codes’ to ensure the health and safety of workers on board.

Seagoing passenger vessels

Domestic passenger ships

Seagoing domestic passenger ships, for example ferries, must meet minimum safety requirements regarding:

general safety management policies

manning levels

proper and stable construction

carriage of safety equipment

pollution prevention

A passenger ship is a ship of any description that carries more than 12 passengers. There are various safety standards for seagoing passenger ships. Local Maritime and Coastguard Agency (MCA) Marine Offices have more information on these standards.

International passenger ships

Passenger ships which operate internationally must follow international conventions, such as the:

International Convention for the Safety of Life at Sea

International Convention on Load Lines

International Convention for the Prevention of Pollution from Ships

Local MCA Marine Offices have information on which safety standards apply.

Safety on vessels on inland waters

Passenger vessels operating on inland waters - like estuaries, lakes and rivers and canals - must follow safety standards and requirements.

Inland waters or inland waterways are known legally as ‘categorised waters’. These waters are defined and listed in Merchant Shipping Notice (MSN) 1827 (as amended) Categorisation of Waters.

A passenger ship is a vessel that carries more than 12 passengers.

The rules for passenger ships built since April 2010, and operating in UK categorised waters are in ‘Merchant Shipping Notice 1823 (M) - Safety Code for Passenger Ships Operating Solely in UK Categorised Waters’.

The rules for older passenger ships are covered by several different sets of regulations. Contact the local  Maritime and Coastguard Agency (MCA) Marine Office for details.

Vessels that carry no more than 12 passengers

Safety standards and best practice guidance for these vessels are set out in the Inland Waters Small Passenger Boat Code.

Marine engineering

Marine engineering involves the design, construction, installation, and operation of systems and equipment that help to move and control ships. Safety measures must be in place for any crew members using or maintaining marine engineering equipment, such as:

switchboards and computerised equipment

machinery installations

boilers and emergency equipment

The Maritime and Coastguard Agency (MCA) provides information on the safe installation and use of marine engineering.

Fire prevention

The Maritime and Coastguard Agency (MCA) provides information on requirements for fire protection, fire detection and fire extinction on board ships.

The rules depend on the size of the ship.

Requirements for large ships are in the Merchant Shipping (Fire Protection: Large Ships) Regulations 1998.

Requirements for small ships are in the Merchant Shipping (Fire Protection: Small Ships) Regulations 1998.

You should also read the Merchant Shipping (Fire Protection) Regulations 2003 – it includes amendments to the regulations for large and small ships.

Contact the MCA to find out more about fire prevention and detection at sea.

Safety in ports

Health and safety measures must be in place to ensure the safety of  workers while in a port.

There is a range of publications and guidance on health and safety in ports on the Health and Safety Executive website.

International Convention for the Safety of Life at Sea

Health and safety on ships

Overview

Operators of seagoing ships or small commercial vessels must protect the health and safety of workers by:

following safety standards and codes of practice

ensuring the safety of machinery and equipment

making sure the vessel is safely manned and all workers have the necessary qualifications

having the right emergency procedures and equipment

providing health protection and medical care

doing regular risk assessments

supplying necessary protective clothing and equipment

monitoring maritime safety information broadcasts

consulting with workers or their representatives on health and safety matters

Providing health and safety training

Workers must get basic health and safety training. There’s more information on what this covers on the Health and Safety Executive (HSE) website.

Written health and safety policy

The ship must must have a policy that sets out how health and safety will be managed. Read guidance on writing a health and safety policy.

Risk assessments

Risk assessments must be reviewed every year and whenever there are significant changes to either the ship or working activities.

Read chapter 1 of the ‘Code of safe working practices for merchant seafarers 2018’ for the basic requirements for risk assessments on board ships.

Safe working practices

Code of safe working practices

A copy of the code must be available to any seaman who requests it.

The ‘Code of safe working practices for merchant seamen (Consolidated edition 2011)’ is available to buy from The Stationery Office.

Safety signs

‘Permit to work’

working aloft and outboard

working with boilers

‘hot work’ (work which could result in the ignition of flammable material, for example welding)

working in unmanned machinery spaces

entry into enclosed spaces

electrical testing

Read about using ‘permit to work’ schemes to test electrical systems.

Read ‘Safety Preparations Prior to Machinery Maintenance’ to find out how to prepare for doing maintenance on machinery on ships.

‘Permit to work’ templates

Protective equipment

Workers must be given suitable protective equipment if performing dangerous tasks.

meet the required standards

be a correct fit for the worker or adjustable

be compatible with any other equipment the worker has to use

be easily accessible, properly stored and maintained

be provided free of charge (unless it’s also used outside the workplace)

Read the ‘Merchant Shipping and Fishing Vessels Personal Protective Equipment Regulations’ to find out about personal protective equipment.

Noise and vibration

Workers must be told about:

the nature of noise or vibration risks

how to eliminate or reduce the risks from noise or vibration

the correct use of any protective equipment

how to detect and report signs of injury

The Maritime and Coastguard Agency (MCA) provides information on controlling the risks of noise and vibration at sea.

Read the:

code of practice for controlling risks due to noise and vibration on ships

guidance on mitigating against the effects of shocks and impacts on small vessels

You may be able to get an exemption from the noise and vibration requirements.

Find out how to apply for an exemption from the:

control of vibration at work regulations

control of noise at work regulations

Small commercial vessels

Small commercial vessels must have safety measures in place for workers, such as:

bulwarks, guardrails or wire around the working deck to stop people falling overboard

safety harnesses for anyone working on deck

a means of securing the lifelines of safety harnesses

non-slip deck surfaces

Seagoing passenger vessels

Domestic passenger ships

Seagoing domestic passenger ships, for example ferries, must meet minimum safety requirements regarding:

general safety management policies

manning levels

proper and stable construction

carriage of safety equipment

pollution prevention

International passenger ships

Passenger ships which operate internationally must follow international conventions, such as the:

International Convention for the Safety of Life at Sea

International Convention on Load Lines

International Convention for the Prevention of Pollution from Ships

Local MCA Marine Offices have information on which safety standards apply.

Safety on vessels on inland waters

Passenger vessels operating on inland waters - like estuaries, lakes and rivers and canals - must follow safety standards and requirements.

A passenger ship is a vessel that carries more than 12 passengers.

Vessels that carry no more than 12 passengers

Safety standards and best practice guidance for these vessels are set out in the Inland Waters Small Passenger Boat Code.

Marine engineering

switchboards and computerised equipment

machinery installations

boilers and emergency equipment

The Maritime and Coastguard Agency (MCA) provides information on the safe installation and use of marine engineering.

Fire prevention

The rules depend on the size of the ship.

Requirements for large ships are in the Merchant Shipping (Fire Protection: Large Ships) Regulations 1998.

Requirements for small ships are in the Merchant Shipping (Fire Protection: Small Ships) Regulations 1998.

You should also read the Merchant Shipping (Fire Protection) Regulations 2003 – it includes amendments to the regulations for large and small ships.

Contact the MCA to find out more about fire prevention and detection at sea.

Safety in ports

Health and safety measures must be in place to ensure the safety of  workers while in a port.

There is a range of publications and guidance on health and safety in ports on the Health and Safety Executive website.

International Convention on Load Lines

Health and safety on ships

Overview

Operators of seagoing ships or small commercial vessels must protect the health and safety of workers by:

following safety standards and codes of practice

ensuring the safety of machinery and equipment

making sure the vessel is safely manned and all workers have the necessary qualifications

having the right emergency procedures and equipment

providing health protection and medical care

doing regular risk assessments

supplying necessary protective clothing and equipment

monitoring maritime safety information broadcasts

consulting with workers or their representatives on health and safety matters

Providing health and safety training

Workers must get basic health and safety training. There’s more information on what this covers on the Health and Safety Executive (HSE) website.

Written health and safety policy

The ship must must have a policy that sets out how health and safety will be managed. Read guidance on writing a health and safety policy.

Risk assessments

Risk assessments must be reviewed every year and whenever there are significant changes to either the ship or working activities.

Read chapter 1 of the ‘Code of safe working practices for merchant seafarers 2018’ for the basic requirements for risk assessments on board ships.

Safe working practices

Code of safe working practices

A copy of the code must be available to any seaman who requests it.

The ‘Code of safe working practices for merchant seamen (Consolidated edition 2011)’ is available to buy from The Stationery Office.

Safety signs

‘Permit to work’

working aloft and outboard

working with boilers

‘hot work’ (work which could result in the ignition of flammable material, for example welding)

working in unmanned machinery spaces

entry into enclosed spaces

electrical testing

Read about using ‘permit to work’ schemes to test electrical systems.

Read ‘Safety Preparations Prior to Machinery Maintenance’ to find out how to prepare for doing maintenance on machinery on ships.

‘Permit to work’ templates

Protective equipment

Workers must be given suitable protective equipment if performing dangerous tasks.

meet the required standards

be a correct fit for the worker or adjustable

be compatible with any other equipment the worker has to use

be easily accessible, properly stored and maintained

be provided free of charge (unless it’s also used outside the workplace)

Read the ‘Merchant Shipping and Fishing Vessels Personal Protective Equipment Regulations’ to find out about personal protective equipment.

Noise and vibration

Workers must be told about:

the nature of noise or vibration risks

how to eliminate or reduce the risks from noise or vibration

the correct use of any protective equipment

how to detect and report signs of injury

The Maritime and Coastguard Agency (MCA) provides information on controlling the risks of noise and vibration at sea.

Read the:

code of practice for controlling risks due to noise and vibration on ships

guidance on mitigating against the effects of shocks and impacts on small vessels

You may be able to get an exemption from the noise and vibration requirements.

Find out how to apply for an exemption from the:

control of vibration at work regulations

control of noise at work regulations

Small commercial vessels

Small commercial vessels must have safety measures in place for workers, such as:

bulwarks, guardrails or wire around the working deck to stop people falling overboard

safety harnesses for anyone working on deck

a means of securing the lifelines of safety harnesses

non-slip deck surfaces

Seagoing passenger vessels

Domestic passenger ships

Seagoing domestic passenger ships, for example ferries, must meet minimum safety requirements regarding:

general safety management policies

manning levels

proper and stable construction

carriage of safety equipment

pollution prevention

International passenger ships

Passenger ships which operate internationally must follow international conventions, such as the:

International Convention for the Safety of Life at Sea

International Convention on Load Lines

International Convention for the Prevention of Pollution from Ships

Local MCA Marine Offices have information on which safety standards apply.

Safety on vessels on inland waters

Passenger vessels operating on inland waters - like estuaries, lakes and rivers and canals - must follow safety standards and requirements.

A passenger ship is a vessel that carries more than 12 passengers.

Vessels that carry no more than 12 passengers

Safety standards and best practice guidance for these vessels are set out in the Inland Waters Small Passenger Boat Code.

Marine engineering

switchboards and computerised equipment

machinery installations

boilers and emergency equipment

The Maritime and Coastguard Agency (MCA) provides information on the safe installation and use of marine engineering.

Fire prevention

The rules depend on the size of the ship.

Requirements for large ships are in the Merchant Shipping (Fire Protection: Large Ships) Regulations 1998.

Requirements for small ships are in the Merchant Shipping (Fire Protection: Small Ships) Regulations 1998.

You should also read the Merchant Shipping (Fire Protection) Regulations 2003 – it includes amendments to the regulations for large and small ships.

Contact the MCA to find out more about fire prevention and detection at sea.

Safety in ports

Health and safety measures must be in place to ensure the safety of  workers while in a port.

There is a range of publications and guidance on health and safety in ports on the Health and Safety Executive website.

International Convention for the Prevention of Pollution from Ships

Health and safety on ships

Overview

Operators of seagoing ships or small commercial vessels must protect the health and safety of workers by:

following safety standards and codes of practice

ensuring the safety of machinery and equipment

making sure the vessel is safely manned and all workers have the necessary qualifications

having the right emergency procedures and equipment

providing health protection and medical care

doing regular risk assessments

supplying necessary protective clothing and equipment

monitoring maritime safety information broadcasts

consulting with workers or their representatives on health and safety matters

Providing health and safety training

Workers must get basic health and safety training. There’s more information on what this covers on the Health and Safety Executive (HSE) website.

Written health and safety policy

The ship must must have a policy that sets out how health and safety will be managed. Read guidance on writing a health and safety policy.

Risk assessments

Risk assessments must be reviewed every year and whenever there are significant changes to either the ship or working activities.

Read chapter 1 of the ‘Code of safe working practices for merchant seafarers 2018’ for the basic requirements for risk assessments on board ships.

Safe working practices

Code of safe working practices

A copy of the code must be available to any seaman who requests it.

The ‘Code of safe working practices for merchant seamen (Consolidated edition 2011)’ is available to buy from The Stationery Office.

Safety signs

‘Permit to work’

working aloft and outboard

working with boilers

‘hot work’ (work which could result in the ignition of flammable material, for example welding)

working in unmanned machinery spaces

entry into enclosed spaces

electrical testing

Read about using ‘permit to work’ schemes to test electrical systems.

Read ‘Safety Preparations Prior to Machinery Maintenance’ to find out how to prepare for doing maintenance on machinery on ships.

‘Permit to work’ templates

Protective equipment

Workers must be given suitable protective equipment if performing dangerous tasks.

meet the required standards

be a correct fit for the worker or adjustable

be compatible with any other equipment the worker has to use

be easily accessible, properly stored and maintained

be provided free of charge (unless it’s also used outside the workplace)

Read the ‘Merchant Shipping and Fishing Vessels Personal Protective Equipment Regulations’ to find out about personal protective equipment.

Noise and vibration

Workers must be told about:

the nature of noise or vibration risks

how to eliminate or reduce the risks from noise or vibration

the correct use of any protective equipment

how to detect and report signs of injury

The Maritime and Coastguard Agency (MCA) provides information on controlling the risks of noise and vibration at sea.

Read the:

code of practice for controlling risks due to noise and vibration on ships

guidance on mitigating against the effects of shocks and impacts on small vessels

You may be able to get an exemption from the noise and vibration requirements.

Find out how to apply for an exemption from the:

control of vibration at work regulations

control of noise at work regulations

Small commercial vessels

Small commercial vessels must have safety measures in place for workers, such as:

bulwarks, guardrails or wire around the working deck to stop people falling overboard

safety harnesses for anyone working on deck

a means of securing the lifelines of safety harnesses

non-slip deck surfaces

Seagoing passenger vessels

Domestic passenger ships

Seagoing domestic passenger ships, for example ferries, must meet minimum safety requirements regarding:

general safety management policies

manning levels

proper and stable construction

carriage of safety equipment

pollution prevention

International passenger ships

Passenger ships which operate internationally must follow international conventions, such as the:

International Convention for the Safety of Life at Sea

International Convention on Load Lines

International Convention for the Prevention of Pollution from Ships

Local MCA Marine Offices have information on which safety standards apply.

Safety on vessels on inland waters

Passenger vessels operating on inland waters - like estuaries, lakes and rivers and canals - must follow safety standards and requirements.

A passenger ship is a vessel that carries more than 12 passengers.

Vessels that carry no more than 12 passengers

Safety standards and best practice guidance for these vessels are set out in the Inland Waters Small Passenger Boat Code.

Marine engineering

switchboards and computerised equipment

machinery installations

boilers and emergency equipment

The Maritime and Coastguard Agency (MCA) provides information on the safe installation and use of marine engineering.

Fire prevention

The rules depend on the size of the ship.

Requirements for large ships are in the Merchant Shipping (Fire Protection: Large Ships) Regulations 1998.

Requirements for small ships are in the Merchant Shipping (Fire Protection: Small Ships) Regulations 1998.

You should also read the Merchant Shipping (Fire Protection) Regulations 2003 – it includes amendments to the regulations for large and small ships.

Contact the MCA to find out more about fire prevention and detection at sea.

Safety in ports

Health and safety measures must be in place to ensure the safety of  workers while in a port.

There is a range of publications and guidance on health and safety in ports on the Health and Safety Executive website.