The government is seeking views on strengthening remedies against abuse of rules on collective redundancy and fire and rehire, one of the provisions in the Employment Rights Bill published on 10 October 2024.
There is a proposal to increase the maximum period of the protective award that a tribunal can award. The Government is currently considering two options, to increase the protective award that a tribunal can award from 90 to 180 days or to remove the cap on the protective award entirely.
The Goverment is also looking at whether interim relief should be available to employees who bring claims for the protective award and, for fire and rehire practices, whether interim relief should be available to employees who are bringing an unfair dismissal claim under the new right which will be introduced by the Employment Rights Bill.
This consultation closes on 2 December 2024.
The proposals would apply to England, Scotland and Wales, if implemented.
