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What Is A Protective Award Claim?

If an employer proposes to make 20 or more employees redundant at one establishment, they have a legal obligation to consult with either a recognised trade union or elected employee representatives. If your employer doesn’t comply with this obligation, you may be entitled to claim compensation.

 

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What Is A Protective Award Claim?

A Protective Award claim is an application for compensation that can be made when an employer does not meet their obligation to consult with employees about collective redundancies.

How To Make A Protective Award Claim

Firstly, you’ll need to know if the loss of your job with your employer meets the criteria for making a Protective Award claim.

These conditions are:

  • Your employer has made more than 20 redundancies at your work location within a 90-day period
  • Your employer fails to follow the correct procedures when informing and consulting on redundancies

If you are not sure if you are able to make a protective award claim, you can use our free online eligibility checker.

If you were not employed to work at one specific establishment, please contact us directly. We may still be able to bring a claim for a protective award on your behalf.

If you are a member of a trade union, they may be able to look at making a claim for you. If your trade union is unable to assist you with your claim, we are still able to act on your behalf.

If you are not a member of a trade union, you can instruct our Employment Lawyers who can deal with the claim on your behalf.

To be successful in obtaining compensation from a Protective Award claim, you must have an Employment Tribunal rule in your favour. Here at Aticus Law, our team have many years of experience in tribunals, so you can trust them to get the outcome that’s right for you.

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How much compensation will I get for a protective award claim?

The Employment Tribunal is able to award you up to 90 days’ pay if your employer did not consult with you at any point regarding your redundancy.

In some circumstances, for example if your employer did some redundancy consultation, this award could be reduced.

The National Insurance Fund currently deals with compensation for Protective Award payments. The award can be up to eight weeks’ pay but the weekly pay cap is set at £538.

What is the deadline for making a claim?

The Employment Tribunal sets a deadline starting from the day you were made redundant. Usually we need to act quickly, as you only get three months less one day from the date you were made redundant.

If your employer has gone into administration, liquidation, or has recently become insolvent, one of the most important things you can do is to protect your legal rights by getting advice immediately with a view to making a claim.

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Do I have to instruct an employment solicitor?

The process of making a Protective Award Claim is not easy, and success is not guaranteed.

Using an experienced employment expert means you have someone on your side who understands the Employment Tribunal and how the process works, so they can get the job done for you as quickly and efficiently as possible.

Why choose Aticus Law?

Our team have over 30 years’ experience in dealing with successful protective award claims across the country, and you can rest assured that we have the right knowledge to get you the outcome you deserve.

Start your claim online today.

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