What is a Protective Award Claim?

Author:
David Jones
Employment Law Associate Solicitor
Date:
26/09/2019

A Protective Award claim can award compensation that may be payable if your employer doesn’t comply with their legal duty to consult with employee representatives about collective redundancies.

Protective Award Case Studies

If you’re an employee and you’ve been affected by the collapse of Thomas Cook, Jamie Oliver's restaurants or any other business that has gone into liquidation, call our Employment Law Solicitors for a free initial discussion about your circumstances. Ask if we can deal with your case on a No Win, No Fee basis.

Call us on 08002605010 or request a callback and we will help you.

What Do I Need to Do to Get a Protective Award?

Firstly, you’ll need to know if the loss of your job was because your employer has stopped trading meets the criteria to make a Protective Award claim. These conditions are:

  • You’re based in a workplace where 20 or more employees are made redundant
  • Your employer does not follow the correct procedures when informing and consulting on redundancies

Every UK employer has a legal duty to consult with a trade union or employee representatives when considering making 20 or more employees redundant at an establishment. This is obviously difficult to do if they suddenly stop trading because of insolvency, but this does not mean that their legal duty to consult no longer exists.

If you’re not sure where you stand or if you are eligible for to make a Protective Award claim, call our Employment Lawyers and we will help you.

If you are represented by a trade union, they will make the claim for you. But if you’re not a member of a trade union, you can claim for the compensation yourself in an Employment Tribunal; or our Employment Lawyers can deal with the claim on your behalf.

To get Protective Award compensation you must have an Employment Tribunal judgment in your favour.

How Much Does a Protective Award Pay?

The Employment Tribunal will probably award you 90 days’ pay if your employer did not consult with you at all on your redundancy.

In some circumstances, for example if your employer did some redundancy consultation, this award could be reduced, but in the case of Thomas Cook, Jamie’s Italian and other businesses that become immediately insolvent, this does not usually apply.

You should also be aware that there is a cap on the amount of pay you can claim in situations where the business has become insolvent. The National Insurance Fund guarantees Protective Award payments of up to eight weeks’ pay but the weekly pay cap is set at £525.

How Long Do I Have to Make a Claim?

Employment Tribunal claim time limits are short, and Protective Award claims are no different. You only have three months less one day from the date you were made redundant.

If you’ve been affected by the collapse of Thomas Cook or your employer has recently become insolvent, the most important thing for you to do is to get legal advice as soon as you can because making your claim as early as possible protects your legal rights.

Do I Need An Employment Solicitor?

When your employer becomes insolvent, making a claim against them can be complicated because you may need permission to do that from the company in charge of the administration. You have the time limits working against you so if you are not up to speed with what you need to do, this can create issues.

If you and your colleagues get together and put your claims in all together, this will be an easier process for you all. You can all have a Tribunal judgment with either your name or your job title included on it so you can get your Protective Award compensation.

Using an expert Employment Solicitor/Lawyer means you have someone representing you who understands the Employment Tribunal process and can get the job done for you as quickly and efficiently as possible.

Why Choose Simpson Millar?

We successfully represented staff at Monarch Airlines and BHS (retailer) when these companies failed, and current on-going cases include representing former employees of FlyBMI and Jamie Oliver's restaurants.

For free initial legal advice call our Employment Solicitors

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