Trade Union and Labour Relations (Consolidation) Act 1992

190 Entitlement under protective award

(1) Where an industrial tribunal has made a protective award, every employee of a description to which the award relates is entitled, subject to the following provisions and to section 191, to be paid remuneration by his employer for the protected period.

(2) The rate of remuneration payable is a week’s pay for each week of the period; and remuneration in respect of a period less than one week shall be calculated by reducing proportionately the amount of a week’s pay.

(3) Any payment made to an employee by an employer in respect of a period falling within a protected period—

(a) under the employee’s contract of employment, or

(b) by way of damages for breach of that contract,

shall go towards discharging the employer’s liability to pay remuneration under the protective award in respect of that first mentioned period.

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 any breach of, the contract of employment in respect of that period.

(4) An employee is not entitled to remuneration under a protective award in respect of a period during which he is employed by the employer unless he would be entitled to be paid by the employer in respect of that period—

(a) by virtue of his contract of employment, or

(b) by virtue of Schedule 3 to the [1978 c. 44.] 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 section 49(1) of that Act.

(5) Schedule 14 to the Employment Protection (Consolidation) Act 1978 applies with respect to the calculation of a week’s pay for the purposes of this section.

The calculation date for the purposes of Part II of that Schedule is the date on which the protective award was made or, in the case of an employee who was dismissed before the date on which the protective award was made, the date which by virtue of paragraph 7(1)(k) or (l) of that Schedule is the calculation date for the purpose of computing the amount of a redundancy payment in relation to that dismissal (whether or not the employee concerned is entitled to any such payment).

(6) If an employee of a description to which a protective award relates dies during the protected period, the award has effect in his case as if the protected period ended on his death.