Employment Protection Act 1975

101 Complaint by trade union and protective award. E+W+S

(1) An appropriate trade union may present a complaint to an industrial tribunal on the ground that an employer has dismissed as redundant or is proposing to dismiss as redundant one or more employees and has not complied with any of the requirements of section 99 above.

(2) If on a complaint under this section a question arises as to the matters referred to in section 99(8) above, it shall be for the employer to show—

(a) that there were special circumstances which rendered it not reasonably practicable for him to comply with any requirement of section 99 above; and

(b) that he took all such steps towards compliance with that requirement as were reasonably practicable in those circumstances.

(3) Where the tribunal finds a complaint under subsection (1) above well-founded it shall make a declaration to that effect and may also make a protective award in accordance with subsection (4) below.

(4) A protective award is an award that in respect of such descriptions of employees as may be specified in the award, being employees who have been dismissed, or whom it is proposed to dismiss, as redundant, and in respect of whose dismissal or proposed dismissal the employer has failed to comply with any requirement of section 99 above, the employer shall pay remuneration for a protected period.

(5) The protected period under an award under subsection (4) above shall be a period beginning with the date on which the first of the dismissals to which the complaint relates takes effect, or the date of the award, whichever is the earlier, of such length as the tribunal shall determine to be just and equitable in all the circumstances having regard to the seriousness of the employer’s default in complying with any requirement of section 99 above, not exceeding—

(a) in a case falling within section 99(3)(a) above, 90 days;

(b) in a case falling within section 99(3)(b) above, [F1 30 days]; or

(c) in any other case, 28 days.

(6) An industrial tribunal shall not consider a complaint under subsection (1) above in respect of an employer’s default in relation to a dismissal or proposed dismissal unless it is presented to the tribunal before the proposed dismissal takes effect or before the end of the period of three months beginning with the date on which the dismissal takes effect or within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented within the period of three months.

(7) “Appropriate trade union”, in relation to an employee of any description, means an independent trade union recognised by his employer in respect of that description of employee.

Textual Amendments

F1 Words substituted by S.I. 1979/958, art. 2(c)

Modifications etc. (not altering text)

C1 Ss. 17–21, 99–103, 105(1)–(3) and106 modified by S.I. 1989/901, art. 3(1)(2), Sch.

C2 Pt. IV (ss. 99–107) modified by S.I. 1981/1794, reg. 11(7)(a)