Protective award increase of up to 25%

From 20 January 2025, where a protective award has been made to employees under section 189 of the Trade Union and Labour Relations Consolidation Act 1992 (the Act), because the employer has unreasonably failed to comply with a relevant Statutory Code of Practice an employment tribunal may increase the award by up to 25%.  Conversely, where it is the employee who has unreasonably failed to comply with the relevant Code, their award may be reduced by up to 25%.

Readers should note that the Code of Practice on Dismissal and Re-engagement will be a relevant Code of Practice for this purpose.

The Statutory Instrument was laid before Parliament on 17 October 2024 and adds the protective award for non-compliance with collective consultation requirements to Schedule A2 of the Act.