| 释义 |
protective award
An award made by an employment tribunal ordering an employer to continue to pay wages for a “protected period” to employees who have been made redundant in breach of the consultation requirements laid down in the Trade Union and Labour Relations (Consolidation) Act 1992 (see collective redundancy; disclosure of information). In the absence of special circumstances rendering it not reasonably practicable to comply with these requirements, an employment tribunal is empowered to make a protective award of up to 90 days. The Act provides that the protected period should be just and equitable in all the circumstances having regard to the seriousness of the employer’s default. Each employee covered by the award is entitled to one week’s pay for each week of the protected period. If the employer fails to make any or all of the payments due for this period, the individual employee may complain, within three months, to an employment tribunal, which may order payment (Susie Radin Limited v GMB & Ors [2004] EWCA Civ 180, [2004] ICR 893 (CA)). |