Redundancy law - a guide for union reps (November 2019)

Chapter 2

A protective award is supposed to punish the employer

[ch 2: page 25]

The purpose of a protective award is not to compensate employees for the loss they have suffered, but rather to punish the employer for failing to consult. This was established in Susie Radin v GMB [2004] IRLR 400, a case brought by general union GMB when manufacturing firm Susie Radin failed to consult adequately over proposed redundancies.

This means that an employee is entitled to receive a protective award even if they have suffered no financial loss because they have already got another job.


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