Debenhams Staff Could Claim up to 90 Days’ Pay
As of Friday 12 March at 5pm, we cannot take on any Debenhams employees to help with their protective award claims.
This is because of the strict time limits in place for Protective Award claims.
You may want to pursue this without our legal assistance. If so, please contact ACAS on 0300 123 1100 or visit www.acas.org.uk for advice.
Please kindly note that Simpson Millar LLP cannot be held responsible in the event that you seek to bring a claim after the limitation period has expired and you should seek independent legal advice if in doubt about when your limitation period is.
If you were one of the Debenhams staff who were made redundant on or after 1 December 2020, without proper consultation, you could make a Protective Award Claim.
Protective Award Claims can be made as long as you meet these two criteria:
- 20 or more people were made redundant in the location where you worked
- The proper redundancy consultation processes weren’t followed
As long as you meet these criteria, you could make a Protective Award Claim.
There is a strict deadline to make a Protective Award Claim of 3 months, less 1 day, from when you were made redundant, so we can only help Debenhams staff who lost their job on or after 1 December.
To see if you’re eligible to make a Protective Award Claim, just use our Debenhams Eligibility Checker or call our Employment Lawyers for an initial consultation.
Because Debenhams employees were made redundant without proper consultation, as long as there were 20 or more people who were made redundant at the same location on or after 1 December, you should be in a position to make a Protective Award Claim.
How to Make a Protective Award Claim
These are the steps you’ll need to take to make a Protective Award Claim. If you ask one of our Employment Law Solicitors to act for you, we can take care of all of this for you.
Are you eligible? – Use our eligibility checker online or speak to one of our Employment Solicitors.
Permission to make a Protective Award Claim – You’ll need permission to make a Protective Award Claim from the administrators – FRP Advisory. This is an important step in the claims process. We can help you to do this.
Complete the ACAS Early Conciliation Process – You have to do this before you can make a claim at an Employment Tribunal. This process is there to try to settle claims before they get to Tribunal, but settlement won’t apply to your Protective Award Claim, so your form will be signed and your claim can move onto the Tribunal stage.
Get a Judgment – You’ll need to get a Judgment from the Employment Tribunal to make a Protective Award Claim. This needs to include either your name or your job title.
Make your Protective Award Claim – If the company can't pay the Protective Award because of insolvency, the Secretary of State for Business, Energy and Industrial Strategy (BEIS) becomes liable to make the payment. In this scenario, the Insolvency Service pays Protective Award Claims. This is a Government organisation there to support people who’ve been affected by companies who stop trading.
How Much is a Protective Award?
The Employment Tribunal can decide to award you up to 90 days’ pay. But the Insolvency Service has a cap on the amount of money they will pay out. This is usually up to 8 weeks’ pay with a maximum amount of £538 per week, totalling a maximum award of £4,304.
Your award will be based on your weekly earnings before you were made redundant.
How Simpson Millar Can Help You
We’ve helped many other staff who made redundant in the same circumstances as you to make a Protective Award Claim. We’re currently helping former employees of Thomas Cook, Flybe and Mothercare, among many others.
Our specialist Employment Law Solicitors can talk you through the Protective Award Claim process from start to finish so you’re absolutely clear about what it means for you.
If you decide to make a claim, we’ll help and support you using all of our knowledge and expertise in previous claims helping employees who were made redundant without proper redundancy consultation.
Remember, we only take on Protective Award Claims on a No Win, No Fee basis so talk to one of our specialist Employment Solicitors for more information.
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