Protective Award

Where 20 or more employees at any one establishmnet may be made redundant, the employer must consult with the ‘appropriate representatives’. Should an employer fail to consult in accordance with the legal requirements it could be liable to pay what’s known as a protective award of up to 90 days’ pay for each employee. 

Similarly an employer may be liable to pay a protective award if it fails to consult employeees about measures which may be taken in respect of a TUPE transfer. In this case the maxiumum award is 13 weeks’ pay.