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Do You Need 2 Years Service for a Protective Award?

If you were one of the employees laid off without a proper collective consultation, you might be able to claim, regardless of how long you've been with the company.

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If you've recently been made redundant and heard about something called a Protective Award Claim, you might be wondering if you're eligible. One question that often comes up is: "Do you need 2 years service for a Protective Award?" Let's talk about this in a way that's easy to understand.

First off, let's quickly recap what a Protective Award is. In the UK, when a company decides to lay off 20 or more people from the same place within 90 days, they're required to hold a meeting with the employees or their representatives. This is called a "collective consultation". The aim is to discuss the redundancies, seek possible alternatives, and lessen the impact on the affected employees. If a company doesn't do this properly, the employees might be eligible to claim a Protective Award.

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So, what about the question of needing 2 years service?

The good news is that there's no such requirement for a Protective Award. That's right, you don't need to have worked for the company for 2 years to be able to claim this award. Whether you've worked there for many years, or just a few months, if your employer has not followed the right redundancy procedures, you could be entitled to a Protective Award.

This makes sense when you think about it. A Protective Award is all about whether the company did the right thing when making a lot of people redundant. It's not about how long each worker has been with the company.

But remember, a Protective Award isn't given out automatically. If you think you might be eligible for a Protective Award, you have to make a claim at an Employment Tribunal. This is like a court that deals with work-related problems. You'll have to explain your situation and show evidence that the company didn't hold a proper collective consultation.

Also, bear in mind that there is a time limit for making a Protective Award claim. You have to make the claim within three months less one day from when you were laid off.

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In conclusion

There's no 2 years service requirement for a Protective Award. If you were one of the employees made redundant without a proper collective consultation, you might be able to claim. It doesn't matter how long you've been with the company. If you think you might be eligible, it's definitely worth getting some advice. Even in tough situations like layoffs, there are rules to protect employees. It's important to make sure you get what you're entitled to.

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