Remedies for failure to consult — protective award

If an employer fails or refuses to consult, a claim can be made to a tribunal for a protective award. The claim must be made by whoever should have been consulted and it must be brought within three months of the date of the last dismissal. The tribunal has discretion to extend the time limit if it was not reasonably practicable for the claim to be brought in time, but extensions of time are rare.

A protective award is a sum of money paid in respect of every affected employee within the scope of the award. If the employer fails to pay the award once made, individual employees can make a claim to the employment tribunal for payment.