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Insolvent Companies, Consultation and Protective Awards

Many of you will be familiar with section 188 of the Trade Union and Labour Relations (Consolidated) Act 1992 (“TULRCA”), which defines and governs the roles of trade unions. Under this section an Employment Tribunal (“ET”) may order an employer to pay its employees a ‘protective award’ where the employer has failed to consult the employee representatives when proposing to make 100 or more redundancies.

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