Making a Claim for a Protective Award: A Guide for Buckingham Group Contracting Staff

We understand that sometimes the legal world can be a maze of complexities, but fear not! This friendly guide is here to help you understand how to make a claim for a Protective Award without the jargon. So let’s dive right in...

What is a Protective Award?

Before we get into the nitty-gritty of making a claim, let's understand what a Protective Award is. In straightforward terms, it's a compensation award given to employees when an employer doesn’t follow the correct procedure about large-scale redundancies. The idea is to protect employees and give them a cushion if things don't go as they should.

Am I Eligible?

If Buckingham Group Contracting proposes to make 20 or more employees redundant at one establishment within 90 days or less, they're required by law to consult with employee representatives. If they don’t, then affected employees may be entitled to claim a Protective Award.

Steps to Making a Claim

1. Check the Basics: First and foremost, verify that the company did not adequately inform or consult employee representatives about the redundancies. If you believe there's been a mishap, you could have a claim!
2. Gather Evidence: Make sure you collect all relevant documents, emails, and communications related to the redundancy. These will be handy to support your claim.
3. Speak with Colleagues: It's always good to chat with fellow employees who are in the same boat. They can provide additional insights, share their evidence, or even decide to join you in making a collective claim. The more the merrier!
4. Legal Advice: Although this guide is meant to simplify things, it’s always a good idea to get some legal advice. A solicitor experienced in employment law can provide direction, help you understand your rights, and ensure you're taking the right steps.
5. Make the Claim: You can make your claim through an Employment Tribunal. Don’t be daunted by the term! Think of it as the place where employment-related disputes are settled. You'll need to fill in a form called ET1. This form is pretty straightforward, and there are guides available to help you fill it in. Remember to mention that you're claiming for a Protective Award and provide the evidence you've gathered.
6. Await the Decision: Once your claim is made, the Employment Tribunal will look at all the facts and decide whether you're entitled to the award or not.

How Much Can I Get?

If your claim is successful, the maximum award is up to 90 days' gross pay. However, the exact amount depends on the circumstances and the discretion of the Employment Tribunal.

Things to Remember

• Time Limits: Be aware there's a time limit! You need to make your claim within three months less one day from the date of the last redundancy. So, keep an eye on the calendar.
• No Need to Fear Repercussions: Some employees worry that making a claim might lead to negative consequences at work. However, remember it's your legal right to claim compensation if proper procedures aren't followed. The law protects employees from being treated unfairly for asserting their rights.
• Stay Positive: It can be a bit stressful, but try to stay positive and focus on the end goal. Protective Awards exist to ensure fairness and safeguard employees. You're merely standing up for what you're entitled to.

In conclusion, making a claim for a Protective Award might sound a bit daunting at first, but with the right information and support, it doesn't have to be. We hope this guide has helped demystify the process for all Buckingham Group Contracting staff. Remember, always stand up for your rights and don't be afraid to seek help when needed!

You can check your eligibility here.

If you'f like more information, you can get in touch with our Employment Law Solicitors.