Triumph Furniture Staff Can Claim Protective Awards
If you are one of the 252 employees at Triumph Furniture who were told yesterday that you’ve lost your job, you are probably worried and concerned about how you will cope financially.
You could be entitled to receive up to 90 days’ pay by making a Protective Award claim.
You can make a Protective Award claim because your employer made more than 20 people redundant in one location and did not follow the procedures when consulting you and informing you on these redundancies.
How Do I Make A Protective Award Claim?
To make a Protective Award claim you need to meet the following criteria. They are:
- Your employer made 20 people or more redundant in your workplace and you’re based there
- Your employer did not follow the right procedures when consulting on or informing you about the redundancies.
All employers in England and Wales must consult with either a trade union or employee representatives if they are considering making 20 or more people redundant.
This is a legal requirement.
Fulfilling this legal requirement when a business ceases trading is not easy, but it doesn’t remove this requirement.
If you are a member of a trade union, they can make the claim for you, but if you don’t have trade union membership, our Employment Lawyers can make the claim for you or you can represent yourself in an Employment Tribunal.
In order to receive Protective Award compensation, you must have a judgment from an Employment Tribunal.
How Much Will I Get From a Protective Award?
The maximum compensation payout in a Protective Award claim is 90 days’ pay. This award is made when your employer did not properly consult with you following redundancies.
If your employer did consult on redundancies with you a little, the award could be reduced but with most situations of insolvency, this is not the case. As Triumph Furniture in Merthyr Tydfil went into administration, this is unlikely to apply.
As the National Insurance Fund (NIF) guarantees Protective Award claims for when businesses have become insolvent, they have introduced a cap of £525 per week on any compensation paid by NIF for Protective Award claims. You can claim for up to 8 week pay, but this cap will apply.
What Else do I Need To Know?
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.
As an employee of Triumph Furniture, it’s really important to get legal advice from a specialist Employment Solicitor as soon as possible to make sure that you protect your right to claim your Protective Award.
Making a claim against your former employer may be difficult because you could have to get permission from the company administrators and you have a limited amount of time to make the claim in an Employment Tribunal.
You and your colleagues can all come together and make a joint claim. This will make the process much easier for you all. The Employment Tribunal judgment will either include you all by name or include all the job titles affected by redundancy.
Using a specialist Employment Law Solicitor who understands the process can really help to make your Protective Award claim as soon as possible.
Why Choose Simpson Millar?
Our Employment Law Solicitors have successfully represented former employees and staff at BHS (retailer) when they ceased trading. We’re also representing employees in on-going cases including former employees of Thomas Cook, FlyBMI and Jamie Oliver's restaurants.
For free initial legal advice call our Employment Solicitors
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