NIM07050 - Class 1 NICs: Payments made under employment legislation: Redundancy: Protective awards: General
Sections 188-192 Trade Union and Labour Relations (Consolidation) Act 1992
Under the above employment legislation, an employer who:
- is proposing to make 20 or more employees redundant at the same workplace;
- within 90 days or less of the first redundancy being made,
is required to consult appropriate employees representatives (ie, a trade unionor elected employee representatives if there is no union) about the proposals. If theemployer fails to do so, or does not comply with other specified statutory requirements,the representatives and/or the affected employees can complain to an employment tribunal(ET).
If the ET finds the complaint well-founded, it:
- will make a declaration to that effect; and
- may make a protective award.
If it makes a protective award, the employer is required to pay remuneration for aprotected period, to
- any employee who has been made redundant, or whom the employer proposes to make redundant; and
- in respect of whom the employer failed to comply with the consultation requirements in section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992.
The protected period:
- begins with the date of the first redundancy or the date of the protective award, if earlier; and
- ends on such date as the ET considers just in the circumstances,
but must not be longer than 90 days in length.
For details about:
- the assessment by the employment tribunal of the amount payable by the employer to the employee, see NIM07051
- the NICs treatment of amounts payable by way of remuneration under a protective award, see NIM07052.