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Rule · ERA 1996 s.211

Pre-1983 service edge case

A small but real edge case for older workers. Service before 6 April 1983 is subject to historic rules carried over from the Employment Protection (Consolidation) Act 1978. In practice it usually means service before your 18th birthday does not count.

What the rule says

ERA 1996 s.211 sets the rules for computing the period of continuous employment for statutory redundancy. Until the age-discrimination reforms of 2006, service before age 18 did not count at all. That historic rule still bites for pre-1983 service patterns; the 2006 reforms only changed the position prospectively.

Practical impact in 2026

A worker now aged 60 who started at 16 in 1982 cannot count their first 2 years (age 16-18) toward statutory redundancy. The clock effectively starts on their 18th birthday in 1984. In most cases that worker will also hit the 20-year cap anyway, so the pre-1983 rule changes nothing on the figure.

Where it matters: a worker with a gap in service mid-career, who now needs to evidence continuous employment back to a specific start date for an enhanced scheme that uses uncapped years, or for an Insolvency Service RP1 calculation.

Evidencing pre-1983 service

HMRC NI records, P60s and old contracts of employment are the usual evidence. The DWP will accept a written statement from a former employer if records are no longer available. For Insolvency Service claims, the Redundancy Payments Service caseworker assesses the evidence on a balance of probabilities.

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Reviewed by Oliver Wakefield-Smith, Founder of Digital Signet. Last verified 23 June 2026. Inline citations link to primary statute at legislation.gov.uk.