Case studies

"LexisLibrary gives us the most relevant and recent cases and always has the latest information on them. It makes research so much easier. We're more cost-effective for our clients and more efficient each day"

Advocates

Access all 5 documents on Protective award

GET ACCESS NOW

GLOSSARY

Protective award definition

Published by a LexisNexis Employment expert

What does Protective award mean?

An award of compensation made by an Employment Tribunal.

This is normally awarded by an Employment Tribunal to a successful employee at an Employment Tribunal Hearing. A protective award normally relates to an employer's failure to follow a statutory information and consultation procedure, such as redundancy or TUPE.

Speed up all aspects of your legal work with tools that help you to work faster and smarter. Win cases, close deals and grow your business–all whilst saving time and reducing risk.

Drafting checklist for claim or response—unfair dismissal: redundancy

Drafting checklist for claim or response—unfair dismissal: redundancy Both parties • Was the Claimant an employee? See Practice Notes: Entitlement to claim unfair dismissal—Eligibility and Employee status • Did the Claimant have requisite qualifying service, or does an exception apply? See Practice Note: Qualifying period for unfair dismissal • Has the Claimant complied with the requirement for early conciliation or does one of the exemptions apply? See Practice Note: The early conciliation requirement • Is the claim brought within the three-month time limit, or the period as extended if the requirement for early conciliation applies? See Practice Notes: Unfair dismissal time limit and The early conciliation requirement—Extension to time limits (the 'stop the clock' provisions) • Is the contract of employment arguably void for illegality? See Practice Note: Entitlement to claim unfair dismissal—Illegality • Does the Claimant fall within a category of employee excluded from unfair dismissal protection, eg police constables. See Practice Note: Entitlement to claim unfair dismissal—Particular types of employment • Was the Claimant’s work based in Great...

Drafting checklist for claim or response—statutory redundancy payment

Drafting checklist for claim or response—statutory redundancy payment Both parties • Was the Claimant an employee? See Practice Note: Entitlement to statutory redundancy payment—Is the worker an employee—eligibility • Was the Claimant an office holder deemed to be an employee? • Does the Claimant fall within a category of worker excluded from the right to a redundancy payment? See Practice Note: Entitlement to statutory redundancy payment—Is the worker an employee—excluded employees • Was the Claimant an employee dismissed whilst an exemption order was in force? • Was the Claimant dismissed for misconduct without notice or with short notice? If not, was the Respondent entitled to dismiss the Claimant without notice and did the Respondent give the Claimant a notice in writing to that effect? • Was the Claimant dismissed for taking part in a strike? • Did the Claimant give notice to the Respondent that he intended to leave before the end of his notice period, having been given notice of dismissal for redundancy? Did the Respondent serve...

Discover our 2 Checklists on Protective award

Redundancy—protective awards

This Practice Note examines claims for protective awards following an employer’s failure to comply with its collective redundancy consultation obligations under sections 188 and 188A of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A 1992).The statutory information and consultation obligations under TULR(C)A 1992 are intended to implement Directive 98/59/EC, the Collective Redundancies Directive (CRD). Domestic laws that have been made to implement UK obligations under EU law are assimilated law. For further information, see Practice Note: Assimilated law.Where an employer has failed to comply with the statutory consultation requirements under TULR(C)A 1992, s 188 or 188A (see Collective redundancy—statutory information and consultation obligations) a complaint may be presented to the employment tribunal. The proceedings may be brought by:•the trade union, where consultation should have been with trade union representatives•employee representatives, where they were elected and consultation should have been with them•any of the affected employees, where employee representatives should have been elected but were notFor further information on representatives in the context of collective consultation, see Practice Note:...

Calculating a week's pay

Calculating a week's pay The concept of ‘a week’s pay’, calculated in accordance with sections 220–229 of the Employment Rights Act 1996 (ERA 1996), is important for a number of statutory employment rights, including: • the statutory right to pay during a notice period—see Practice Note: Statutory minimum notice—Employee rights during the notice period • calculation of the basic award or an additional award for failure to comply with an order for reinstatement or re-engagement in unfair dismissal cases—see Practice Notes: The basic award—Calculation, Reinstatement—Second stage reinstatement hearing—compensation and additional award and Re-engagement—Second stage reinstatement hearing—compensation and additional award • calculation of the statutory maximum compensatory award for unfair dismissal (although not for assessing the amount of the compensatory award itself—see Practice Note: The unfair dismissal compensatory award—Applying the statutory cap • calculation of a statutory redundancy payment—see Practice Note: Entitlement to statutory redundancy payment—How the payment is calculated • calculation of an award for failure to provide written reasons for dismissal—see Practice Note: Written statement of...

Discover our 1 Practice Notes on Protective award

ET1 Claim by individual for failure to pay protective award (redundancy consultation)

ET1 Claim by individual for failure to pay protective award (redundancy consultation) [Insert in para 8.2 of claim form ET1:] 1 By a decision given on [insert date], an employment tribunal sitting at [insert place] made a protective award that in respect of [hourly paid workers] [who had been dismissed by the Respondent OR whom the Respondent proposed to dismiss] as redundant during the period from [insert date] to [insert date], the Respondent should pay remuneration for a protected period of [30] days from [insert date] to [insert date].

Reaffirmation agreement (two-stage settlement)

Reaffirmation agreement (two-stage settlement) This reaffirmation Agreement is made on [insert date] Parties 1 [Insert Employer’s name] whose registered office is at [insert Employer’s address], company registration number [insert Employer’s company number] (‘Employer’); and 2 [Insert Employee’s name] of [insert Employee’s address] (‘you’) the parties agree: 1 Settlement agreement 1.1 This Reaffirmation Agreement is being entered into in accordance with Clause [insert number] of the settlement agreement between the parties dated [insert date] (‘Agreement’). 1.2 In this Reaffirmation Agreement, words and expressions shall have the same meanings as defined in the Agreement[ except that in this Reaffirmation Agreement ‘Adviser’ means [insert name of Adviser] of [insert name of Adviser’s firm/organisation] of [insert address]]. 1.3 This Reaffirmation Agreement is being entered into in consideration of the Employer agreeing to pay you the Compensation Payment under the Agreement. 2 Full and final settlement 2.1 You acknowledge and agree that the Agreement is made[ without any admission of liability on the part of the Employer] in full and final settlement...

Dive into our 4 Precedents related to Protective award