Here are the key takeaways from amendments tabled by the Government this week regarding the Employment Rights Bill that may be relevant to NFDA members: Doubling the maximum protective award for breach of collective redundancy rules Following its consultation, the government has proposed amendments to the bill, doubling the maximum amount of the protective award for breach of the collective consultation rules under the Trade Union and Labour Relations (Consolidation) Act 1992 from 90 days’ pay to 180 days’ pay on the basis that this is the “most proportionate and balanced approach”. Employment Tribunals retain their discretion to make awards below this maximum considering what is just and equitable in light of the seriousness of the employer’s actions and other mitigating factors. Guidance for employers on best practices in consultation processes for collective redundancies will be published “in due course”. Dismissal and re-engagement The government has confirmed that during 2025 it will be updating the existing statutory Code of Practice on Dismissal and Re-engagement to reflect the relevant provisions of the Employment Rights Bill (which essentially make it automatically unfair for an employer to dismiss and re-engage an employee on new terms unless specific criteria are met) and monitor compliance. Employers should note that a failure to comply with the code may see an Employment Tribunal uplift compensation awarded by up to 25%, including any protective award for a failure to inform and consult collectively. On the basis that the provision to increase the maximum protective award to 180 days is passed, this could see an uplift of an additional 45 days’ pay where there is a failure to comply with it. While the government has rejected at this stage introducing new rights to interim relief in collective redundancy and fire and re-hire situations, it has not ruled out introducing further remedies to improve compliance in the future. Collective redundancy rules The bill, as initially drafted, removed the “one establishment” rule for triggering the statutory collective consultation provisions, meaning that employers would potentially be faced with monitoring redundancies across the whole of their organisation to ascertain whether or not the collective rules would be triggered in particular instances. An amendment to the bill has been tabled, providing that the collective consultation rules will be triggered where there are 20 or more redundancies at one establishment or where another threshold is met with the criteria set out in regulations. Explanatory notes to the proposed amendment give the example of the trigger being by reference to a particular percentage of total employees across all establishments. Proposed amendments to the bill also clarify that although statutory collective consultation must be carried out with all appropriate representatives, it need not be carried out with all appropriate representatives together or with a view to reaching the same agreement with all appropriate representatives. Statutory sick pay Following consultation, it is proposed that, for low-earning employees, statutory sick pay will be calculated at the lower of 80% of their normal weekly earnings or the flat rate. The government believes that this rate strikes the right balance between providing financial security to employees and retaining incentives to return to work, while limiting additional costs to business. The government has also confirmed its commitment to provide for statutory sick pay from the first day of sickness by removing the current statutory waiting period and that the flat rate of SSP will continue to be subject to an annual uprating process. The lower earnings limit is currently £123 a week but is due to increase to £125 in April. The rate of SSP will increase from £116.75 per week to £118.75 per week from April 2025. For more information please refer to the link.