If you’ve been made redundant at The Energy Check because the business as gone into administration, we could help you make a Protective Award Claim.
A Protective Award is a sum of compensation awarded to employees who were made redundant as part of a group redundancy, without proper consultation.
To make a claim, you must meet a set criteria:
- 20 or more of you were made redundant at the same place of work
- Your employer didn’t consult you properly about your redundancy
Use our free eligibility checker to see if you’re eligible for a Protective Award Claim.
How Do I Make a Protective Award Claim?
There are a few steps you need to take before you can claim your compensation:
- Get permission from joint administrators, Anthony Collier and David Acland, to make a Protective Award Claim
- Complete an Early Conciliation with ACAS – anyone who wants to make a claim at an Employment Tribunal must first go through this process
- File a claim with the Employment Tribunal – an Employment Judge will need to deliver a judgment to confirm that your employer failed to follow the correct redundancy procedures when making you and your colleagues redundant
If the Employment Tribunal decides you weren’t properly consulted about your redundancy, you can then make your Protective Award Claim. This will either be directly with The Energy Check or with the Redundancy Payments Service.
Our specialist Employment Law Solicitors can handle all of the above for you and we can help your colleagues too if you decide to make a group claim.
How Much Compensation Will I Get?
You could claim up to 90 days’ pay through a Protective Award Claim but the exact amount you’ll get will be based on your weekly pay.
If your claim is being paid by the Insolvency Service, there is a cap on how much compensation you can get. The amount is capped at £544 a week for up to 8 weeks, meaning that the maximum award you can claim is £4,352.
The Employment Tribunal can order The Energy Check to pay you up to 90 days’ pay if they decide to.
Will I Still Get My Pay?
Yes, you should still get any outstanding pay you’re owed as this is separate to a Protective Award Claim. This includes any notice pay, holiday pay and redundancy pay.
Time Limits for a Protective Award Claim
There is a strict time limit of 3 months, less one day, to make a Protective Award Claim. It’s important to get legal advice from a specialist Employment Solicitor as quickly as possible to make sure your rights are protected and you don’t risk missing this deadline.
As Protective Award Claims can get complex and there are a few steps to go through, using an experienced Employment Solicitor puts you in the best position for making a successful claim. We’ll make sure that all the paperwork is completed correctly and will aim to get you through the process as quickly as possible.
Get in touch with our Employment Law Solicitors or use our free eligibility checker today to see if you can make a Protective Award Claim.
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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.