How Thomas Cook Staff Can Claim up to 90 Days Pay

Author:
David Jones
Employment Law Associate Solicitor
Date:
24/09/2019

Thomas Cook employees in England and Wales can claim up to 90 days’ pay by making a Protective Award Claim.

A Protective Award is a claim for compensation of up to 90 days’ pay which can be awarded by an Employment Tribunal if an employer hasn’t followed the correct redundancy consultation process.

Our Employment Law Solicitors successfully represented employees at Monarch Airlines after its collapse in 2017, and we’re offering a free initial consultation to former employees of Thomas Cook. We may be able to deal with these claims on a No Win, No Fee basis - ask for details.

Click here to check your eligibility for a Protective Award Claim

How to Make a Protective Award Claim

Our Employment Solicitors can help Thomas Cook employees with the following claims process:

You must issue your claim with the Employment Tribunal within 3 months less 1 day from the date Thomas Cook made you redundant.

You must first contact ACAS to complete the Early Conciliation process (within the 3 months less 1-day timeframe). This is a compulsory step you must undertake in a Protective Award Claim before starting your claim with the Employment Tribunal.

You’ll only be entitled to a Protective Award if an Employment Tribunal judgment mentions your name or job role. Our Employment Law Solicitors can help you understand more about the process and help you to make a claim once they’ve confirmed you’re eligible to claim.

How Much Compensation and Who Pays It?

HM Government Insolvency Service will payout for a successful Protective Award Claim where the employer is insolvent. Awards paid by the Insolvency Service will be capped at 8 weeks’ pay, with a cap on the amount of weekly pay at £525 per week.

When a company goes into compulsory liquidation, it’s often a surprise to employees and there are no consultation meetings leading up to this event. Where 20 or more employees are made redundant at a single place of work and there hasn’t been a consultation process to inform employees about their rights and the reasons for the redundancies, the employer has failed to undertake its legal duty to inform and consult.

BHS Staff Shared £1m Payout over Failed Redundancy Process

In 2017, when retailer BHS collapsed, a group of BHS workers won up to £1,000,000 in compensation.

An Employment Tribunal awarded 110 employees at the BHS head office up to 90 days’ wages after their Lawyers successfully argued that BHS did not conduct a proper consultation process with them ahead of their dismissal.

The employees were represented by the law firm JWK, which is part of Simpson Millar.

For free initial legal advice call our Employment Solicitors

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