Ena Shaw Employees Can Make a Protective Award Claim

Author:
Stephen Pinder
Partner, Employment Law Solicitor
Date:
19/02/2020

If you have been affected by the redundancies at Ena Shaw and find yourself without a job, you can make a Protective Award claim and receive up to 90 days’ pay.

It’s important to know that you don’t need to have worked for Ena Shaw for a minimum period of time to make a Protective Award claim.

You do have to meet certain criteria though. These are:

  • That 20 or more people were made redundant in one location and
  • That your former employer did not property consult with you before they made you redundant.

There are rules attached to making people redundant and employers have to consult with their employees over a specific time period.

When businesses cease trading and go into administration, they generally lay of staff suddenly and as a result, can’t follow the correct redundancy consultation processes. This is exactly what happened at Ena Shaw.

Providing there were at least 20 people working at the shop in St Helens and at the factory in Lea Green, the Ena Shaw staff should be able to make a Protective Award Claim. For more information about these claims see Protective Award Claims.

For free initial legal advice and help to make a Protective Award claim, get in touch with our Employment Law Solicitors. We deal with these claims on a No Win, No Fee basis.

Click here to check your eligibility for a Protective Award Claim

How Much Will You Get?

If your claim is successful you will get a maximum of 90 days’ pay, with a guaranteed payment of 8 weeks’ pay from the HM Government Insolvency Service. They have capped the weekly payment amounts to £525 per week. Your award will be based on your weekly salary.

Because the payments come from the Insolvency Service, you don’t need to be concerned about taking the money from the business itself.

How Much Will it Cost?

We offer everyone making a Protective Award Claim a No Win, No Fee agreement. This means you won’t need to find any money to pay us upfront to bring your claim and we only get paid if we succeed.

Do I Need a Solicitor?

You can make a Protective Award claim yourself, without using a Solicitor but there are benefits to using an Employment Solicitor who has previous experience in securing Protective Awards.

A specialist Solicitor has in depth knowledge and understanding of the Protective Award claim process and will have dealt with many administrators in the past. They can use all of this knowledge to get you the best possible outcome in your situation.

At Simpson Millar, our Employment Solicitors here have helped secure more that £300,000 for ex-staff of Multiyork and we’re currently helping pursue claims for Mothercare staff amongst others. We can help you too.

Process to Make a Protective Award Claim

You’ll need to get permission from the Administrators to make a Protective Award claim. This can sometimes be difficult to do, but we can help you to get this permission to start your claim.

You can either make a claim as an individual or as a group of former Ena Shaw employees. You’ll need to get a Judgment from an Employment Tribunal with either your name on it or your job title. This is to show that your former employer did breach the consultation rules for redundancies.

Once you have that Judgment in place, you can make the Protective Award claim for compensation.

Before you can bring your claim to the Employment Tribunal, you will need to complete the ACAS Early Conciliation process. This process is designed to try to settle Employment Law claims before the end up in Court. But because this cannot be resolved, the form to proceed to Tribunal should be signed off quickly.

Once that’s been done, your claim can move to the Employment Tribunal.

Time Limit to Make a Claim

You only have three months minus one day to bring a Protective Award claim, so it’s really important that you speak to an Employment Law Solicitor as soon as possible.

If you’ve been affected by the closure of Ena Shaw, find out how you can make a Protective Award claim now.

For free initial legal advice call our Employment Solicitors

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