Protective Award Claims

Most claims can be dealt with on a No Win, No Fee basis. Contact our Employment Law Solicitors for a free assessment of your claim.

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You can make a claim for a Protective Award if your employer didn’t follow the correct redundancy consultation process – this includes if the business stops trading and you become redundant immediately.

We’ve helped thousands of people claim a Protective Award after they were made redundant from the Arcadia Group, Debenhams and Flybe, after they went into administration.

We deal with all Protective Award Claims on a No Win, No Fee basis. This means you only pay legal costs if your claim is successful and you don’t have to pay any upfront costs.

If you’ve been made redundant without the right consultation, speak to one of our Employment Law Solicitors to see if you can make a Protective Award Claim today.

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What is a Protective Award?

Employers in England and Wales must consult with trade union or employee representatives when making more than 20 employees redundant at the same workplace.

If your employer didn’t follow the correct process, you could make a Protective Award Claim, even if the company suddenly stopped trading because of insolvency.

To make a Protective Award Claim, you must meet the following criteria:

  • At least 20 employees were made redundant at the same location
  • You weren’t properly consulted about your redundancy

If you’re a member of a trade union, they can make a Protective Award Claim for you, but if not, we can help you.

Find out more in our short video:

The Protective Award Claims Process

Check You’re Eligible

As long as your employer made at least 20 people redundant at the same location and they didn’t follow the correct consultation process, you could make a Protective Award claim.

Get Permission from the Administrators

We will need to get permission from the administrators before we can start the Protective Award claim process for you.

Contact ACAS for the Early Conciliation Process

Anyone who wants to make a claim at an Employment Tribunal has to first go through Early Conciliation with ACAS. In the case of a Protective Award Claim, this would simply be a procedural exercise as Protective Awards cannot be paid without a judgment from a Tribunal. ACAS will issue a certificate to attach to the Employment Tribunal Claim.

File Your Claim at the Employment Tribunal

Once you have your Early Conciliation certificate from ACAS, you can submit your claim to the Employment Tribunal. If you’re part of a group claim, some of you may need to give evidence in the Tribunal, but if you’re not comfortable with this, don’t worry.

Once the Judge has heard (or read the evidence), they will decide if your employer breached the redundancy consultation rules and give their judgment.

Make Your Protective Award Claim

If the judgment is in your favour, you can then apply for your Protective Award from your former employer, or as is often the case, the Redundancy Payments Service.

How Much Do You Get From a Protective Award?

A judge can award you up to 90 days’ pay for a Protective Award Claim and the amount you can claim is based on your gross weekly wage, but when you claim through the Redundancy Payments Service, this amount is capped at £544 a week. The maximum amount you can claim from the Redundancy Payments Service is currently £4,352.

Will Making a Claim Affect Any Holiday, Notice or Redundancy Pay I’m Owed?

No it won’t. You should get paid any outstanding wages, holiday, notice or redundancy pay.

People We’ve Helped

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Time Limits to Make a Protective Award Claim

You only have three months, less than one day, from the date you were made redundant to make a claim.

It’s important to get specialist legal advice as soon as you can to make sure your legal rights are protected and that you don’t miss this deadline.

Why Use an Employment Solicitor?

Protective Award Claims can be complex and there are a few steps you need to take before taking your claim to an Employment Tribunal. For example, you need to get permission from the administrators who have taken over your employer and complete ACAS Early Conciliation before going to the Tribunal.

You might also feel under pressure when there’s a strict time limit involved. Using an Employment Law Solicitor means we’ll help you complete the necessary paperwork and make sure that you put forward the strongest possible case within plenty of time.

Our Employment Solicitors know the ins and outs of Employment Tribunal claims and can get you through the process as quickly and efficiently as possible.

Get in touch to find out more about making a Protective Award Claim or a group claim with your colleagues.

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Simpson Millar Solicitors are a national law firm with over 500 staff and offices in Billingham, Bristol, Cardiff, Catterick, Lancaster, Leeds, Liverpool, London and Manchester.