Tomlinsons Dairies Staff Could Claim up to 90 Days Pay

Author:
Stephen Pinder
Partner, Employment Law Solicitor
Date:
15/10/2019

If you are one of the 200 staff at Tomlinsons Dairy in Wrexham who have been told that you no longer have a job, you could claim up to 90 days’ pay by making a Protective Award claim.

Protective Awards of up to 90 days’ pay can be paid to employees where 20 or more staff at the same location have lost their jobs, and were not properly consulted or informed of their redundancy using the correct procedures.

Staff at Tomlinsons Dairies in Wrexham meet these criteria so can make a Protective Award claim. To confirm your eligibility online please click here.

It’s a business’s legal responsibility to make sure these procedures are followed. Obviously, when a company stops trading because it’s insolvent, it’s more difficult for them to comply with these legal responsibilities - but it doesn’t mean that they’re released from them.

For free legal advice on making a Protective Award claim, get in touch with our Employment Law Solicitors. Ask if we can deal with your claim on a No Win, No Fee basis.

Click here to check your eligibility for a Protective Award Claim

How Do I Make a Protective Award claim?

To make a Protective Award claim you must have a judgment from an Employment Tribunal. The judgment must include either your name or your job title. Once you have this judgment in place, you can make your Protective Award claim.

If you are a member of a Trade Union, they will help you to make an Employment Tribunal claim. Speak to your Union Rep or give the Union a call.

If you’re not part of a Union, you can make a claim for yourself or a group of employees can join and make a claim together. This will make it easier for you all as there will only be one set of Employment Tribunal proceedings rather than lots of separate ones.

How Much Can I Claim for the Protective Award Claim?

 You can make a claim for a Protective Award because you were made redundant by Tomlinson Dairies and they did not follow their legal responsibilities to consult and inform you. 

Because Tomlinson Dairies are insolvent, the National Insurance Fund (NIF) will guarantee all Protective Claims for staff of Tomlinson Dairies, but the NIF has a cap for the amount of compensation they will guarantee.

This cap currently stands at £525 per week in compensation for a maximum of eight weeks pay.

If Tomlinson Dairies did some consulting with you about redundancies, the compensation payable could be reduced, but as they ceased trading suddenly, this probably won’t apply.

Claim Time Limits

The time limits to make a Protective Award claim are short. You only have three months less one day from the date you were made redundant to bring your claim.

As a staff member from Tomlinsons Dairies, getting legal advice as early as you can will help you to be clear about your position and allow you to consider your next steps with all the important information in place.

You don’t need to have any length of service with Tomlinsons Dairies to make a Protective Award claim either.

Why Use Simpson Millar?

We have many years’ experience helping people in the same situation as you are. We know how awful it is to find yourself without a job overnight.

Our Employment Law Solicitors can also tell you if you can make a claim for any outstanding pay, holiday pay, redundancy money or anything else you could be entitled to. This will really depend on whether there is any money left once all debts have been paid.

We’re currently helping former staff from Thomas Cook, FlyBMI and Jamie Oliver’s restaurant with ongoing Protective Award claims. In addition, we’ve represented former employees working at BHS when they stopped trading.

For free initial legal advice call our Employment Solicitors

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