Flybe Staff Could Claim up to £4,200
Flybe went into administration yesterday and ceased trading as soon as its last plane landed last night, leaving more than 2,500 staff without jobs.
The airline narrowly missed administration in last month with government promises of a reduction in passenger airline tax and a loan, but the impact of Coronavirus on travel plans has resulted in the airline slipping into administration.
But if you’re a former employee of Flybe, you could make a claim for up to £4,200 because you weren’t properly consulted about your redundancy.
This is called a Protective Award Claim.
What is a Protective Award?
A Protective Award is a payment made to any employees who get a Judgment from an Employment Tribunal to confirm that their employer did not consult with them properly before they were made redundant.
You can make a Protective Award Claim if you meet these two criteria:
- That 20 or more staff were made redundant in one location and
- That Flybe did not consult with you properly before your redundancy.
Because Flybe went into administration so quickly, it didn’t follow the legal process for making collective redundancies so as long as you worked for Flybe in a location where there were at least 20 of you, you should be eligible to make a Protective Award Claim.
How Much Can I Claim?
When you make a Protective Award Claim, you can claim up to 90 days’ pay. The Insolvency Service guarantees payment of eight weeks’ pay. They have placed a maximum cap of £525 per week, meaning you could claim a maximum of £4,200. Your final award will be based on your usually weekly salary.
You shouldn’t worry about taking more money out of Flybe, as the payments are made by the Insolvency Service not the business itself.
How Do I Make a Protective Award Claim?
To make a Protective Award Claim you have to first get permission from the administrators. Flybe has appointed EY as the administrators.
Once you have permission from the administrators to make a Protective Award Claim, you’ll need to get a Judgment from an Employment Tribunal to show that they agree that Flybe didn’t follow the correct redundancy process. This Judgment must include either your job title or your name.
You can go to an Employment Tribunal individually, or as a group of former Flybe employees together. You and your colleagues could make a Protective Award Claim together and streamline the process, allowing all of you to make a claim for a maximum amount of £4,200 each.
To get a Judgment from an Employment Tribunal, you’ll have to go through the ACAS Early Conciliation process first. This process is in place to try to settle Employment Law claims before they get to Employment Tribunal, but settlement isn’t relevant to Protective Award Claims so your form will be stamped and you can then carry on to Tribunal.
After the Tribunal has reviewed the information, they’ll hopefully make a decision in your favour. Once you have this Judgment, you can make your Protective Award Claim.
How Long Do I have To Make a Claim?
Time is limited to make a Protective Award Claim. You only have three months less one day to bring your claim. That’s why it’s really important that you get legal advice as early as you can.
Our Employment Solicitors can tell you where you stand legally, and manage your Protective Award Claim for you from start to finish.
Why Choose Simpson Millar?
Our experienced Employment Law Solicitors have helped many other people just like you.
We’re currently supporting former Thomas Cook and Mothercare staff through their Protective Award Claims and you can read some case studies about people we’ve successfully claimed Protective Awards for.
For free initial legal advice call our Employment Solicitors
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