In Lancaster University v The University and College Union the EAT held that where a union had accepted a flawed notification and consultation procedure for university staff on fixed term contracts over a period of twelve years, a tribunal was correct in reducing protective awards from 90 days’ pay to 60 days. There was a significant mitigating factor in that the union had effectively condoned the practice (which failed to include consultation with the union over ways of avoiding the dismissals, reducing numbers to be dismissed and mitigating the consequences of dismissals) over a long period of time.