A Protective Award is an award of compensation of up to 90 days’ gross pay, that can be awarded by an Employment Tribunal, for failure by an employer to collectively inform and consult with its employees on the grounds of redundancy for 20 or more employees, within a 90 day period.
On collective consultation, the employer must have consulted with its employees (or their recognised Trade Union or employee representatives) at least 30 days prior, when proposing to make up to 100 employees redundant, or at least 45 days prior, when proposing to make over 100 employees redundant.
Unlike with the statutory redundancy payment claim, employees do not need to have been employed for two years to make a Protective Award claim.
An Employer who has fallen into administration, or at risk of administration, still has a formal duty to follow the correct procedures and collectively consult its employees either 30 or 45 days prior to their redundancy.
There is a time limit of three months (less than a day) for bringing a Protective Award claim.
This time frame starts on the date the last person who was dismissed within the 90 day period had their contract of employment terminated. You would have to commence the ACAS early conciliation process before commencing a claim in the Employment Tribunal.
An employee needs to provide evidence of the situation, such as any communication (if any) from their employer regarding the redundancy. This would include emails, meeting notes and dates or any hand-outs they provided. Our solicitors can talk you through the process and advise you of any evidence needed.
We strongly recommend seeking expert legal advice to maximise your chance of success. If you are an effected employee, it is recommended that you speak with your former colleagues about group action. Our specialist team of solicitors can help you to collate the information needed.
At Knowles Benning we take pride in being approachable and hardworking, so that we can deliver the best results to our clients. We have a 100% success rate in protective award claims and operate on a no-win, no-fee basis, to help serve our clients.
We have acted for several groups of employees faced with similar situations when their employer went into administration, so that they could receive the compensation they deserved. We have recovered in excess of £1 million in compensation in protective award claims for our clients.