Outline Of Regulations of Employment Transferring

Tribunal hearing and awards

If no settlement is reached, the employment tribunal will hear the case. If complaints are upheld, awards may be made against the previous or new employer, depending on the circumstances of the transfer.

Unfair dismissal awards - Employment tribunals may order reinstatement or re-engagement of the dismissed employee if the complaint is upheld, and/or make an award of compensation. Further details are in Unfairly dismissed? (PL712).

Detriment awards - The employer may be ordered to pay compensation to the person(s) concerned. The compensation will be whatever amount the tribunal considers just and equitable in all the circumstances having regard for any loss incurred by the employee.

Information and consultation awards - The employer who is at fault may be ordered to pay compensation to each affected employee, up to 13 weeks' pay. If employees are not paid the compensation, they may present individual complaints to the tribunal, which may order payment of the amount due to them. These complaints must be presented within three months from the date of the original award (although the tribunal may extend the time-limit if it considers that it was not reasonably practicable for the complaint to be presented within three months).

 

 

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