What is a protective award?
Short answer
Compensation of up to 180 days’ pay, ordered by an employment tribunal when an employer fails to consult collectively over 20 or more proposed redundancies. It is separate from redundancy pay, and you can claim it even if you accepted voluntary redundancy — usually within three months of dismissal.
A protective award is the sanction for skipping collective consultation. Where an employer proposes to dismiss 20 or more employees as redundant at one establishment within any 90-day period, section 188 of TULRCA 1992 imposes consultation duties — and a tribunal can award up to 180 days’ pay for each affected employee where those duties are breached.
What the employer had to do
- Consult in good time — a minimum of 30 days before the first dismissal where 20 to 99 redundancies are proposed, and 45 days where 100 or more are proposed.
- Consult with representatives — recognised trade union representatives, or employee representatives elected for the purpose. Talking to affected staff individually does not satisfy the duty.
- Notify the government using the HR1 form to the Department for Business and Trade before consultation begins.
- Make it meaningful — share the prescribed information, and genuinely consider ways of avoiding the redundancies, reducing the numbers, and mitigating the consequences, rather than presenting a settled decision.
Claiming
The award is compensation for the failure to consult, not a payment for loss of your job, so it sits on top of statutory redundancy pay and any unfair dismissal claim. Accepting voluntary redundancy does not waive it — volunteers are still affected employees with collective consultation rights.
Time limits are short: generally three months from the date of dismissal, or from the end of the protected period where dismissals have not yet taken effect. Start Acas Early Conciliation promptly, and where a union is recognised speak to it first, since claims are often brought collectively by the union or elected representatives.
Employers sometimes plead the "special circumstances" defence, which allows a reduced process where compliance was not reasonably practicable. Tribunals read it narrowly: financial difficulty, insolvency or simply moving fast rarely qualifies unless genuinely unforeseeable, and even then the employer must do everything reasonably practicable to comply. Collective consultation also runs alongside your individual rights — a meeting about your own selection, fair criteria, the right to be accompanied, an appeal, and statutory redundancy pay.
Related guides
Collective Redundancy Consultation
When an employer proposes to make 20 or more employees redundant within 90 days at one establishment, specific collective consultation obligations apply under section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA). Failure to comply can result in the Employment Tribunal awarding employees a protective award of up to 180 days' pay. This guide explains what employers must do, what employees can expect, and how to enforce these rights.
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Redundancy occurs when your employer needs fewer people to do a particular type of work. If you are made redundant lawfully, you may be entitled to statutory redundancy pay, proper consultation, and your full notice entitlement. Knowing your rights helps you challenge a flawed process.
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If you are made redundant and have at least two years' continuous service, you are entitled to statutory redundancy pay (SRP). The calculation depends on your age, weekly pay (subject to a cap), and length of service. Some employers pay enhanced redundancy above the statutory minimum. Understanding the calculation ensures you receive what you are owed.
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