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63465
registered interest false more like this
date less than 2014-06-24more like thismore than 2014-06-24
answering body
Department for Business, Innovation and Skills more like this
answering dept id 26 more like this
answering dept short name Business, Innovation and Skills more like this
answering dept sort name Business, Innovation and Skills more like this
hansard heading Employment Tribunals Service more like this
house id 1 more like this
legislature
25259
pref label House of Commons more like this
question text To ask the Secretary of State for Business, Innovation and Skills, how many times his Department has appeared at an employment tribunal to contest protective awards in each of the last five years. more like this
tabling member constituency Kingston upon Hull North more like this
tabling member printed
Diana Johnson more like this
uin 202008 remove filter
answer
answer
is ministerial correction false more like this
date of answer less than 2014-06-30more like thismore than 2014-06-30
answer text <p> </p><p>The Department for Business, Innovation and Skills (BIS) has not appeared before an employment tribunal to contest a protective award.</p><p> </p><p> </p><p> </p><p>Protective awards are determined by Employment Tribunals following applications made by former employees or their representatives.</p><p> </p><p> </p><p> </p><p>BIS is sometimes joined as a respondent in protective award claims, because under legislation, the Secretary of State guarantees the payment of protective awards made in favour of employees whose employer is insolvent, up to a certain amount.</p><p> </p><p> </p><p> </p><p>It is for the Tribunal to establish the facts in each case, considering evidence of the actions taken by employers and their representatives, and decide whether there was adequate consultation on redundancies BIS is not in a position to know the extent to which an employer or their representative consulted with employees and does not give evidence on that point nor take any particular position.</p><p> </p><p> </p><p> </p><p>BIS' responsibility is to establish what payments are due and who is entitled to receive them. We therefore make written representations to the tribunal on points of law or to seek clarification of who is covered by a protective award. We may appeal an award, but only if we consider that the tribunal has made the judgment based on an incorrect reading of the legislation.</p><p> </p><p> </p><p> </p><p>The number of cases where BIS has made representations to an employment tribunal regarding protective award cases in the last 5 years is not readily available and could only be obtained at disproportionate cost.</p><p> </p>
answering member constituency East Dunbartonshire remove filter
answering member printed Jo Swinson more like this
question first answered
less than 2014-06-30T16:36:52.8147083Zmore like thismore than 2014-06-30T16:36:52.8147083Z
answering member
1513
label Biography information for Jo Swinson more like this
tabling member
1533
label Biography information for Diana Johnson more like this