Jurisdiction(s):
United Kingdom

Collective redundancy and fire and re-hire: government confirms 180-day protective award maximum, declines interim relief, and outlines ERB amendments and Code updates

Published on: 04 March 2025

Published by a LexisNexis Employment expert

Legal News

Article summary

Government response to the consultation on strengthening remedies against abuse of rules on collective redundancy and fire and rehire

What are the implications?

The government explains in its consultation reply that it aims to strike a balanced course: ensuring employers cannot consciously sidestep their obligations, and removing any chance that doing so could ever be financially worthwhile. It considers that raising the maximum length of the protective award to 180 days is the most proportionate measure. Employment tribunals will still have discretion to adjust the protected period’s duration, up to a limit of 180 days, where they deem it just and equitable in all the circumstances, reflecting the seriousness of the employer’s conduct and any mitigating elements. The government believes this will deliver a stronger deterrent against cynical, deliberate infringements of the collective redundancy rules, while also allowing tribunals to continue to assess the context of the breach when setting awards. In this manner, tribunals will continue to issue proportionate awards based on the facts of each case. The government will bring forward an amendment to the ERB to put this approach into effect, and ensure the framework remains fair, workable and responsive to circumstances overall...

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