Remedies for failure to consult

How to claim a protective award

If an employer does not consult adequately or at all with reps, a complaint can be made to the employment tribunal. The complaint must be brought by whoever should have been consulted — either the union or the employee representative. The tribunal can make a protective award, which is a sum of money paid to each affected employee.

Where there are no elected employee representatives, an individual can only claim a protective award for him or herself and not on behalf of other employees (Independent Insurance Co Limited (inProvisional Liquidation) v Aspinall (UKEAT/0051/11)).

From Summer 2013, this claim will attract a fee. For more information, see Chapter 1.