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<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>
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