England and Wales commercial and regulatory procedures
When does the 180-day protective award maximum apply?
Maximum protected period of 180 days. Determine the protected period under section 189(4). The tribunal chooses a just and equitable period considering the seriousness of the employer’s default. The ceiling does not prescribe an award or complaint deadline.
- Period
- Maximum protected period of 180 days
- Trigger
- Dismissal takes effect on or after April 6, 2026
- Rule
- Trade Union and Labour Relations (Consolidation) Act 1992, section 189(4)
Trade Union and Labour Relations (Consolidation) Act 1992, section 189(4). The retained source governs determine the protected period under section 189(4). The tribunal chooses a just and equitable period considering the seriousness of the employer’s default. The ceiling does not prescribe an award or complaint deadline.
Source guide · No automated date
Check the applicable procedure
The tribunal chooses a just and equitable period considering the seriousness of the employer’s default. The ceiling does not prescribe an award or complaint deadline. The dismissal effective date selects the saved or amended ceiling. Section 189(4)(a) separately determines the protected period’s start. The actual dismissal takes effect on or after April 6, 2026 and required completion must be established before using a final date.
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When does the 180-day protective award maximum apply?
Maximum protected period of 180 days. Determine the protected period under section 189(4). The tribunal chooses a just and equitable period considering the seriousness of the employer’s default. The ceiling does not prescribe an award or complaint deadline.
Responsible actor. Employment tribunal determining a protective award.
Dismissal takes effect on or after April 6, 2026.
The tribunal chooses a just and equitable period considering the seriousness of the employer’s default. The ceiling does not prescribe an award or complaint deadline.
The tribunal chooses a just and equitable period considering the seriousness of the employer’s default. The ceiling does not prescribe an award or complaint deadline.
Trade Union and Labour Relations (Consolidation) Act 1992, section 189(4)How does this provision count time?
- Determine the protected period under section 189(4).
- The dismissal effective date selects the saved or amended ceiling. Section 189(4)(a) separately determines the protected period’s start.
- The tribunal chooses a just and equitable period considering the seriousness of the employer’s default. The ceiling does not prescribe an award or complaint deadline.
The dismissal effective date selects the saved or amended ceiling. Section 189(4)(a) separately determines the protected period’s start.
The dismissal effective date selects the saved or amended ceiling. Section 189(4)(a) separately determines the protected period’s start. The tribunal chooses a just and equitable period considering the seriousness of the employer’s default. The ceiling does not prescribe an award or complaint deadline.
Trade Union and Labour Relations (Consolidation) Act 1992, section 189(4)Which facts prevent one automatic date?
The tribunal chooses a just and equitable period considering the seriousness of the employer’s default. The ceiling does not prescribe an award or complaint deadline. The dismissal effective date selects the saved or amended ceiling. Section 189(4)(a) separately determines the protected period’s start. The actual dismissal takes effect on or after April 6, 2026 and required completion must be established before using a final date.
The employment tribunal determining a protective award has established the applicable procedure and dismissal takes effect on or after April 6, 2026. The tribunal chooses a just and equitable period considering the seriousness of the employer’s default. The ceiling does not prescribe an award or complaint deadline. Determine the protected period under section 189(4). Maximum protected period of 180 days. No computed final date is supplied.
A proposed completion raises a nonbusiness-day or time-boundary question for determine the protected period under section 189(4). The dismissal effective date selects the saved or amended ceiling. Section 189(4)(a) separately determines the protected period’s start. Resolve this boundary under the identified provision and actual completion route. The dismissal effective date selects the saved or amended ceiling. Section 189(4)(a) separately determines the protected period’s start.
A phased redundancy program includes dismissals on both sides of April 6, 2026. The tribunal chooses a just and equitable period considering the seriousness of the employer’s default. The ceiling does not prescribe an award or complaint deadline. The tribunal chooses a just and equitable period considering the seriousness of the employer’s default. The ceiling does not prescribe an award or complaint deadline. No automatic final date follows from this scenario.
Which conditions and exceptions apply?
- Applicable procedure and actual event
- The tribunal chooses a just and equitable period considering the seriousness of the employer’s default. The ceiling does not prescribe an award or complaint deadline.
- Counting and completion boundary
- The dismissal effective date selects the saved or amended ceiling. Section 189(4)(a) separately determines the protected period’s start.
- The tribunal chooses a just and equitable period considering the seriousness of the employer’s default. The ceiling does not prescribe an award or complaint deadline.
- Employment tribunal determining a protective award. Dismissal takes effect on or after April 6, 2026. Determine the protected period under section 189(4). The dismissal effective date selects the saved or amended ceiling. Section 189(4)(a) separately determines the protected period’s start.
What must the responsible actor complete?
Questions about this procedure
When does the 180-day protective award maximum apply?
Is the maximum automatically awarded?
No. Section 189(4)(b) leaves the actual period to the tribunal’s just and equitable assessment.
Trade Union and Labour Relations (Consolidation) Act 1992, section 189(4)Does the hearing date select the ceiling?
No. SI 2026/323 regulation 5 saves dismissals taking effect before April 6, 2026.
Trade Union and Labour Relations (Consolidation) Act 1992, section 189(4)Is this a deadline to present a complaint?
No. Section 189(5) separately governs complaints.
Trade Union and Labour Relations (Consolidation) Act 1992, section 189(4)Can a single phased program require different ceilings?
The effective dismissal dates can fall on different sides of the transition.
Trade Union and Labour Relations (Consolidation) Act 1992, section 189(4)What determines the protected period’s start?
Section 189(4)(a) uses the first dismissal or the award date, whichever is earlier.
Trade Union and Labour Relations (Consolidation) Act 1992, section 189(4)Does this guide compute a tribunal award?
No. The statutory ceiling does not establish the discretionary actual award.
Trade Union and Labour Relations (Consolidation) Act 1992, section 189(4)Official sources and review
Provisions used (3)
| Provision | Purpose |
|---|---|
| Trade Union and Labour Relations (Consolidation) Act 1992, section 189(4) | Check the identified procedure, event, counting rule or qualification |
| Employment Rights Act 2025, section 30 | Check the identified procedure, event, counting rule or qualification |
| The Employment Rights Act 2025 (Commencement No. 2 and Transitional and Saving Provisions) (Amendment) Regulations 2026, regulations 3 and 5 | Check the identified procedure, event, counting rule or qualification |