NHS Redundancy Pay Guide — Your Rights Under AfC
How NHS Redundancy Pay Works
NHS Agenda for Change staff receive enhanced redundancy pay — significantly more than statutory redundancy. This is protected under Section 16 of the NHS Terms and Conditions.
Statutory vs Enhanced Redundancy
| Type |
Calculation |
Cap |
| Statutory |
Age-based multiplier × weekly pay |
£700/week, 20 years max |
| NHS Enhanced |
Statutory × 1.5 (minimum) |
No cap on weekly pay, 20 years max |
Statutory Redundancy Calculation
Statutory redundancy is based on your age and length of service:
- Under 22: 0.5 week's pay per year of service
- Age 22-40: 1 week's pay per year
- Age 41+: 1.5 weeks' pay per year
Statutory cap: £700/week maximum (even if you earn more)
Service cap: Maximum 20 years count
NHS Enhanced Redundancy
NHS staff receive at least 1.5× statutory redundancy. Some Trusts offer even more (up to 2× statutory). The NHS calculation:
- Uses your actual weekly pay (no £700 cap)
- Multiplies statutory entitlement by 1.5
- Still capped at 20 years service
Real Examples
Example 1: Band 5 Nurse (Age 35, 8 Years Service)
Salary: £32,073/year
Weekly pay: £616.79
Statutory calculation:
Age 22-40 = 1 week per year
8 years × 1 week × £616.79 = £4,934.32
But statutory caps at £700/week
So: 8 × £700 = £5,600
NHS Enhanced (1.5×):
8 years × 1 week × £616.79 × 1.5 = £7,401.48
Total redundancy: £7,401.48 (tax-free)
Example 2: Band 7 Manager (Age 52, 15 Years Service)
Salary: £49,387/year
Weekly pay: £949.75
Statutory calculation:
Age 41+ = 1.5 weeks per year
15 years × 1.5 weeks × £700 (capped) = £15,750
NHS Enhanced (1.5×):
15 years × 1.5 weeks × £949.75 × 1.5 = £33,091.41
Total redundancy: £33,091.41
Tax: £3,091.41 taxed (£33,091 - £30,000)
Net payment: ~£31,545
Notice Period
In addition to redundancy pay, you're entitled to notice (or pay in lieu):
| Service |
Notice Period |
| Less than 1 month |
1 week |
| 1 month - 12 years |
1 week per year (minimum 4 weeks) |
| 12+ years |
12 weeks |
Notice pay is taxed normally (unlike redundancy pay up to £30k).
Annual Leave Entitlement
You must be paid for all accrued but untaken annual leave. This includes:
- Current year's leave not yet taken
- Any carried-over leave from previous year
- Leave accrued during notice period
Annual leave pay is taxed as normal income.
When You Get Paid
Redundancy payments are typically made:
- Redundancy pay: In your final payslip (last day of employment)
- Notice pay: Monthly during notice period (or lump sum if PILON)
- Annual leave: In final payslip
Tax Treatment
Redundancy Pay
- First £30,000 is tax-free
- Amount above £30,000 taxed as income (20%/40%/45%)
- No National Insurance on redundancy pay
Notice Pay and Annual Leave
- Taxed as normal income
- NI and pension contributions apply
- Student loan deductions apply
Redundancy Rights & Protections
Consultation Period
Your Trust must:
- Consult with you before making redundancy final
- Look for suitable alternative roles
- Offer redeployment if available
- Follow fair selection criteria
Collective Consultation
If 20+ redundancies:
- 30 days consultation if 20-99 redundancies
- 45 days consultation if 100+ redundancies
- Trade union involvement required
Protected Groups
Extra protection for:
- Pregnant employees or new mothers (52 weeks post-birth)
- Employees on maternity/adoption/shared parental leave
- Disabled employees (reasonable adjustments required)
Suitable Alternative Employment
Your Trust must offer you any suitable alternative roles. You can:
- Accept the role (redundancy avoided)
- Trial the role for 4 weeks (with right to return to redundancy if unsuitable)
- Refuse if genuinely unsuitable (still entitled to redundancy pay)
"Suitable" means:
- Similar pay grade (within 1 band)
- Similar location (reasonable commute)
- Similar hours and shift pattern
- Matching skills and experience
What Happens to Your NHS Pension?
If you're close to retirement (within 2 years of NPA)
- May be able to retire early with employer consent
- Pension paid with reduced actuarial reduction
- Redundancy payment may still be payable
If you're younger
- Your pension is preserved (deferred)
- Continues growing with inflation (CPI + 1.5%)
- Claim at State Pension age (or earlier with reduction)
- Automatically links if you return to NHS
Challenging Redundancy
You can challenge redundancy if:
- Selection criteria were unfair
- Consultation was inadequate
- Suitable alternatives were not offered
- You believe it's discriminatory
- Procedure was not followed correctly
Time limits:
- Raise grievance: Before leaving or within 3 months
- ACAS early conciliation: Within 3 months of termination
- Employment tribunal: Within 3 months (plus ACAS conciliation period)
Benefits After Redundancy
Jobseeker's Allowance (JSA)
- Cannot claim if you received redundancy pay over £16,000
- Capital over £6,000 reduces JSA entitlement
- Redundancy pay counts as "capital" for 52 weeks
Universal Credit
- Similar capital limits to JSA
- Redundancy pay may affect entitlement for up to 1 year
Re-employment in NHS
If you're re-employed by NHS within 4 weeks:
- You may have to repay redundancy payment
- Some Trusts offset redundancy against new salary
- Check your redundancy agreement terms carefully
If re-employed after 4 weeks: Keep redundancy payment, service automatically links.
Frequently Asked Questions
How much redundancy pay will I get?
▼
NHS enhanced redundancy is at least 1.5× statutory redundancy with no cap on weekly pay. It's based on your age, service (max 20 years), and actual weekly pay.
Is redundancy pay tax-free?
▼
The first £30,000 of redundancy pay is tax-free. Amounts above £30,000 are taxed as income. Notice pay and annual leave are always taxed.
How much notice will I get?
▼
Minimum 1 week per year of service (up to 12 weeks max). Your contract may specify longer notice periods. Notice pay is taxable.
Can I refuse an alternative job offer?
▼
Yes — if the role is genuinely unsuitable (different pay, location, hours), you can refuse and still claim redundancy. You have 4 weeks trial period to test suitability.
What happens to my NHS pension?
▼
Your pension is preserved (deferred) and continues growing with inflation (CPI + 1.5% annually). You claim it at State Pension age or earlier with reduction. Service automatically links if you return to NHS.
Can I claim benefits after redundancy?
▼
Not immediately if redundancy pay exceeds £16,000 (for JSA/Universal Credit). Redundancy pay counts as "capital" for 52 weeks and may reduce or prevent benefit claims.
What if I find another NHS job quickly?
▼
If re-employed within 4 weeks, you may have to repay redundancy pay (check your agreement). After 4 weeks, you keep redundancy and service links automatically.
Can I challenge my redundancy?
▼
Yes — if selection was unfair, consultation inadequate, or procedure not followed. Raise grievance within 3 months, then ACAS early conciliation, then employment tribunal if necessary.