13.3 Protective award

If an employer fails to comply with its obligations to consult collectively during a large-scale redundancy exercise, the tribunal may make a protective award of up to 45 days’ pay per employee. A similar amount may be awarded to affected employees where an employer fails to comply with its information and consultation obligations on a business or service provision transfer. Unusually, these awards are punitive, unlike other compensation in the Employment Tribunal which generally tends to reward loss rather than punish a defaulting employer.