protective award

protective award
Under the Trade Union and Labour Relations (Consultation) Act 1992, if an employer does not comply with the redundancy consultation requirements with a recognised independent trade union and cannot demonstrate that consultation was not reasonably practicable, the industrial tribunal can be asked to make a protective award of between thirty and ninety days' pay depending on the number of employees involved. In the case of a business transfer, the maximum award is four week's pay.

Easyform Glossary of Law Terms. — UK law terms.


protective award
An award which an employment tribunal may order an employer to pay to its employees under TULRCA where the employer has failed to inform and consult the employees' representatives when proposing to make 20 or more redundancies. Often used to describe a similar type of award made under TUPE for failure to inform and consult prior to a transfer of an undertaking, although the term "protective award" does not appear in TUPE.
Related links

Practical Law Dictionary. Glossary of UK, US and international legal terms. . 2010.

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