Time off to look for work during redundancy

Section 52 of the Employment Rights Act 1996 says an employee who is given notice of dismissal by reason of redundancy is entitled to reasonable time off during working hours, before their notice ends, to look for new employment or to make arrangements for training for future employment.

Acas describes the same right in plain terms: the employee can take time to look and apply for another job, and to arrange and do training. The request must be made during the notice period, so the right starts once notice of redundancy has been given, not while a role is only at risk.

The right belongs to employees. Acas says redundancy rights apply to people with the legal status of employee, and that agency, casual and zero-hours workers are not likely to be employees.

The employee also needs two years' continuous employment. Section 52 measures this on the later of the date the notice actually expires and the date the statutory minimum notice would expire. So an employee given less notice than the statutory minimum, or paid in lieu, can still qualify if the statutory notice would take them past two years. Acas puts it as two years or more including the notice period.

The law does not set a number of hours or days. Acas says the amount depends on the employee's individual circumstances, including how difficult it will be for them to find work and the length of their notice period. Someone in a specialist role in a small local market, or with a short notice period, may reasonably need more time in a short space.

The time off can be for interviews, assessment days, meetings with recruitment agencies, careers or Jobcentre appointments, or arranging and attending training. Talk to the employee about how much time they expect to need and when, as Acas suggests, and agree it in writing.

Yes. Section 53 entitles the employee to be paid for the time off at the appropriate hourly rate. That rate is one week's pay divided by the employee's normal weekly working hours under the contract in force when notice was given. Where hours vary, you divide by the average weekly hours over the 12 complete weeks before notice was given.

The legal minimum is capped. Your liability under section 53 cannot exceed 40% of a week's pay for the whole notice period. Acas says this cap applies even if the employee takes more time than that during their notice, and that you do not have to pay more unless the contract says so. You can choose to pay more, but be consistent across everyone affected.

Contractual pay counts towards the statutory amount. If you simply keep paying the employee's normal salary for the hours they are out at interviews, that discharges the section 53 payment for that time.

Only on reasonable grounds. Acas says an employer can only refuse a request if it has reasonable grounds, for example where the timing would leave essential work uncovered and a different day would do. You can agree the time off but move it, or agree some of it now and the rest later in the notice period.

If you refuse unreasonably, section 53 says the employee is still entitled to the pay they would have received if you had allowed the time off. Put any refusal and its reasons in writing and offer an alternative time.

An employee can complain to an employment tribunal that you unreasonably refused time off under section 52, or failed to pay what section 53 requires. Since 1 October 2026 the claim must be brought within six months of the date the time off should have been allowed, following an amendment made by the Employment Rights Act 2025. The limit can be extended for Acas early conciliation, or where bringing the claim in time was not reasonably practicable.

If the claim succeeds, the tribunal makes a declaration and orders you to pay the amount due. The total, including any section 53 pay you owe, cannot exceed 40% of a week's pay for the notice period. The bigger risk is usually reputational and to the fairness of the wider redundancy process.

Acas lists time off to look for work alongside other support employers should consider, such as counselling, extra meetings, help with financial advice and clear plans for the future. It also suggests confirming in writing how an employee can request time off to find a new job or arrange training.

Government services can help during the notice period. In England, GOV.UK says the Jobcentre Plus Rapid Response Service can be contacted if someone suspects they will be made redundant, during their notice period, or up to 13 weeks after redundancy, and that help with vocational training costs requires the person to be in their notice period. Acas points to PACE in Scotland and ReAct+ in Wales.

Record job-search time as its own absence type, not as holiday or sickness, so the employee's holiday balance and any final holiday pay are not affected. Keep a running total of hours so you know when the 40% statutory amount has been used and whether your policy pays beyond it.

In Leavely you can create a separate leave type for job search time with half-day booking, assign it only to the employees under notice, and see each request alongside holiday already booked during the notice period.