a protective award is designed not to compensate employees but to provide a deterrent and to penalise employers who fail in their statutory duty to provide information and consult before making redundancies. When deciding whether or not to make a protective award a tribunal should therefore focus on the nature and extent of the employer's default rather than on its ability to pay.

For relevant general notes see Redundancy/consultation and/or Redundancy/procedures on and/or Compensation/aggravated damages .