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Relevant date for the purposes of redundancy

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Source: XpertHR quick reference

Date: 01-10-2006

Publisher: XpertHR

Relevant date for the purposes of redundancy

TOPICS:

pay and benefits	statutory rates and benefits
termination of employment	redundancy

An employee does not have the right to a redundancy payment unless he or she has been employed for at least two years ending with the "relevant date". This is dependent on the way in which the contract was terminated. The relevant date is defined in the Employment Rights Act 1996, s.145 as:

Nature of termination of contract	Relevant date
Contract terminated by notice given by either employer or employee	The date on which the notice expires
Contract terminated without notice	The date on which the termination takes effect
Limited-term contract terminates by virtue of the limiting event without being renewed under the same contract	The date on which the termination takes effect
Employer gives notice to terminate contract and during notice period employee gives notice to terminate it at an earlier date	The date on which the employee's notice to terminate the contract expires
Employee has undergone a trial period after accepting offer of suitable alternative employment	The date that would have been applicable if there had been no trial period¹
Dismissal in circumstances where employee not given full statutory minimum notice entitlement	The date on which the statutory minimum notice period would have expired

¹Except for the purposes of determining the date for which a claim for a redundancy payment should have been made.

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