This guide is maintained as a current resource for July 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Learn what to do if redundancy pay is not paid in England and Wales. This guide explains statutory rights, writing to your employer, Acas conciliation, employment tribunal claims, insolvency options and key time limits to help you recover unpaid redundancy pay.
Redundancy pay is a statutory entitlement for many employees in the UK when their employment ends because the employer no longer needs their role. If your employer fails to pay the redundancy pay you believe you're entitled to, there are clear legal steps you can take to pursue it. This article explains what redundancy pay is, your rights under UK law, how to check if you qualify, and practical options if payment is not made, including writing to your employer, using conciliation services, and making claims to an employment tribunal or redundancy payments service.
What Is Redundancy Pay?
Redundancy pay is a compensation payment due to eligible employees if they are dismissed because their job is no longer required. You normally qualify if you:
- are recognised as an employee, and
- have worked continuously for your employer for at least two years immediately before dismissal. These are statutory conditions under the Employment Rights Act 1996 and related guidance.
Your employer may offer enhanced redundancy terms under your contract, but this article focuses primarily on statutory redundancy pay.
When Redundancy Pay Should Be Paid
An employer must tell you in writing how your redundancy pay has been calculated and when it will be paid. Redundancy pay should normally be paid on the date your employment ends or on the next pay date, unless you both agree another payment date in writing.
Step‑by‑Step: What to Do if Redundancy Pay Is Not Paid
1. Check Your Entitlement
Before taking any action, confirm that you are entitled to redundancy pay:
- Confirm you worked for the employer for two or more years.
- Check whether the payment you expect is statutory redundancy pay or enhanced under contract.
- Use official tools such as the GOV.UK redundancy pay calculator to estimate your entitlement.
2. Write to Your Employer (Formal Request)
If redundancy pay has not been paid:
- Write to your employer promptly.
- State what you believe you are entitled to and provide evidence such as your contract, payslips and the redundancy notice.
- Request payment by a reasonable date.
This written record is important if you later pursue a legal claim. Official guidance emphasises making this formal request early to preserve rights.
3. Contact Acas for Early Conciliation
If your employer does not make payment after a written request, you normally need to contact the Advisory, Conciliation and Arbitration Service (Acas) for early conciliation before going to a tribunal.
Acas helps both sides try to resolve disputes without litigation. Early conciliation is a required step in most employment tribunal processes.
4. Employment Tribunal Claim
If redundancy pay is still not paid after early conciliation:
- You may make a claim to an employment tribunal for unpaid redundancy pay.
- The time limit for statutory redundancy pay claims is generally 6 months minus one day from the date your job ended.
A tribunal can order the employer to pay statutory redundancy pay and, in some circumstances, other sums connected to the dismissal.
5. Employer Insolvent or Out of Business
If your employer has entered insolvency (for example, liquidation):
- You can make a claim through the Redundancy Payments Service (RPS), part of the Insolvency Service, to receive redundancy pay where the employer cannot pay directly.
- This service also covers other owed amounts such as unpaid wages and statutory notice pay in certain circumstances.
You will need relevant employment details and documentation to support an RPS claim.
6. Consider Contractual Rights
If your contract provides enhanced redundancy pay above the statutory minimum and your employer refuses to pay it, you may have a separate claim for breach of contract. In such cases, tribunal or civil court proceedings may be appropriate. Guidance from unions and legal sources explains that contractual redundancy pay claims have different procedures and time limits.
Time Limits You Must Consider
Understanding time limits is crucial:
- Statutory redundancy pay claim (tribunal): within 6 months minus one day of your dismissal.
- Contractual redundancy pay claim: often within 3 months minus one day to a tribunal, or longer (up to six years) in county or high court actions for breach of contract.
- Redundancy Payments Service (RPS) claim: process starts with the online application as soon as an employer is insolvent or cannot pay.
Missing these deadlines can limit your ability to secure owed payments.
Practical Tips Before and During a Claim
Documentation: Keep correspondence, redundancy letters, payslips and records of your service dates. These will support any claim.
Communication: Where possible, maintain polite but firm written communication with your employer, recording what was promised and when.
Conciliation: Early engagement with Acas can often lead to a faster resolution without tribunal costs or delays.
Legal Advice: Independent advice from a solicitor, trade union or Citizens Advice can clarify complex contractual rights or strategic options, especially if enhanced redundancy pay or other sums are in dispute.
Common Questions
What if the employer promises to pay later but doesn't?
A written promise of payment can be used as evidence in tribunal claims, but you should still follow the formal steps including written requests and early conciliation.
What if my employer says they can't afford redundancy pay?
You should still make a formal request and may be able to pursue a tribunal claim. If the employer becomes insolvent, you can apply to the RPS.
Can I claim other unpaid sums at the same time?
Yes. Claims for unpaid notice pay, holiday pay or other contractual amounts can often be included in a tribunal claim alongside redundancy pay, subject to time limits.
Key Takeaways
If redundancy pay has not been paid, employees in England and Wales have a series of legal avenues to pursue it. Confirm your entitlement, put a written request to your employer, then use Acas early conciliation to seek resolution. If payment remains outstanding, make a tribunal claim within statutory deadlines. Where the employer is insolvent, the Redundancy Payments Service provides an alternative route to payment. Careful documentation and understanding of applicable time limits are essential to securing your rights.
