What is a Protective Award?
A Protective Award is a compensatory payment that can be awarded by an Employment Tribunal for up to 90 days’ gross pay. This will be awarded where an employer has failed to collectively consult with its employees on proposed redundancies, so long as the proposal was to make 20 or more employees redundant from the same site. Collective consultation requires the employer to consult with its employees (or their recognised Trade Union or employee representatives) for up to 30 days (where the proposal is to make up to 100 employees redundant) or 45 days (where the proposal is to make over 100 employees redundant).
If your former employer is still trading you can bring a claim for a Protective Award and also for Unfair Dismissal.
If your former employer is no longer trading (i.e. it has been put into liquidation or administration) you may still pursue a claim for a Protective Award as this is guaranteed by the Government for up to 8 weeks’ pay (subject to a statutory cap of £508 per week).
The Protective Award payment does not affect your entitlement to redundancy pay, holiday pay or notice pay. However, unlike these payments the government will not underwrite the Protective Award payment unless the employees obtain a favourable Employment Tribunal judgment.
SDM Legal’s Employment Solicitors specialise in advising employees who have been made redundant and in bringing Employment Tribunal claims for Protective Awards. The Protective Award claims work best as a group claim and we are happy to run these cases on a No Win No Fee basis.
The next step is for you and your former colleagues to get in touch with our Employment Solicitors on 01524 237145 or to fill out our online contact form on this page.
Its important, particularly with group claims, that you act quickly in contacting us as not only are the Tribunal time limits for bringing a Protective Award claim very short (three months less one day) but there is also a huge amount of preparation that we will have to conduct in order to make the case Tribunal ready.
See cases our employment solicitors have previously acted on previous cases.
To discuss bringing a Protective Award Claim speak to our Employment Solicitors today.