Employment Protection Act 1975

102 Entitlement under protective award. E+W+S

(1) Where an industrial tribunal has made a protective award under section 101 above, every employee of a description to which the award relates shall be entitled, subject to the following provisions of this section, to be paid remuneration by his employer for the protected period specified in the award.

(2) The rate of remuneration payable under a protective award shall be a week’s pay for each week of the protected period, and if remuneration falls to be calculated for a period less than one week the amount of a week’s pay shall be reduced proportionately.

(3) Any payment made to an employee by an employer under his contract of employment, or by way of damages for breach of that contract, in respect of a period falling within a protected period, shall go towards discharging the employer’s liability to pay remuneration under the protective award in respect of that first mentioned period, and conversely any payment of remuneration under a protective award in respect of any period shall go towards discharging any liability of the employer under, or in respect of breach of, the contract of employment in respect of that period.

(4) In respect of a period during which he is employed by the employer an employee shall not be entitled to remuneration under a protective award unless he would be entitled to be paid by the employer in respect of that period, either by virtue of his contract of employment or by virtue of [F1 Schedule 3 to the M1 Employment Protection (Consolidation) Act 1978] (rights of employee in period of notice), if that period fell within the period of notice required to be given by [F1 section 49(1)] of that Act.

(5) Where the employee is employed by the employer during the protected period and—

(a) he is fairly dismissed by his employer for a reason other than redundancy; or

(b) he unreasonably terminates the contract of employment,

then, subject to the following provisions of this section, he shall not be entitled to remuneration under the protective award in respect of any period during which but for that dismissal or termination he would have been employed.

(6) If an employer makes an employee an offer (whether in writing or not and whether before or after the ending of his employment under the previous contract) to renew his contract of employment, or to re-engage him under a new contract, so that the renewal or re-engagement would take effect before or during the protected period and either—

(a) the provisions of the contract as renewed, or of the new contract, as to the capacity and place in which he would be employed, and as to the other terms and conditions of his employment, would not differ from the corresponding provisions of the previous contract; or

(b) the first mentioned provisions would differ from those corresponding provisions, but the offer constitutes an offer of suitable employment in relation to the employee;

the provisions of subsections (7) to (11) below shall effect.

(7) If, in a case to which subsection (6) above applies, the employee unreasonably refuses that offer, then, he shall not be entitled to any remuneration under a protective award in respect of any period during which but for that refusal he would have been employed.

(8) If an employee’s contract of employment is renewed, or he is re-engaged under a new contract of employment, in pursuance of such an offer as is referred to in subsection (6)(b) above, there shall be a trial period in relation to the contract as renewed, or the new contract (whether or not there has been a previous trial period under this section).

(9) The trial period shall begin with the ending of the employee’s employment under the previous contract and end with the expiration of the period of four weeks beginning with the date on which the employee starts work under the contract as renewed, or the new contract, or such longer period as may be agreed in accordance with subsection (10) below for the purpose of retraining the employee for employment under that contract.

(10) Any such agreement shall—

(a) be made between the employer and the employee or his representative before the employee starts work under the contract as renewed or, as the case may be, the new contract;

(b) be in writing;

(c) specify the date of the end of the trial period; and

(d) specify the terms and conditions of employment which will apply in the employee’s case after the end of that period.

(11) If during the trial period—

(a) the employee, for whatever reason, terminates the contract, or gives notice to terminate it and the contract is thereafter, in consequence, terminated; or

(b) the employer, for a reason connected with or arising out of the change to the renewed, or new, employment, terminates the contract, or gives notice to terminate it and the contract is thereafter, in consequence, terminated,

then, the employee shall remain entitled under the protective award unless, in a case falling within paragraph (a) above, he acted unreasonably in terminating or giving notice to terminate the contract.

Textual Amendments

F1 Words substituted by Employment Protection (Consolidation) Act 1978 (c. 44), Sch. 16 para. 23(1)(4)

Modifications etc. (not altering text)

C1 Ss. 17–21, 99–103, 105(1)–(3) and106 modified by S.I. 1989/901, art. 3(1)(2), Sch.

C2 Pt. IV (ss. 99–107) modified by S.I. 1981/1794, reg. 11(7)(a)

Marginal Citations

M1 1978 c. 44.