Redundancy Help and Advice - Protective Award Claim

If your employer did not meet their legal duties during a collective redundancy situation, there could be grounds for a protective award claim.

By Mohammed Balal - 17th February 2022

What to do if you’ve been made redundant

We know that being made redundant can turn your life upside down, especially if it’s without notice.

We’ve put this information together to help guide you through the next steps, and explain how we may be able to help you.

If you’re facing redundancy, there are a few steps that you need to take to make sure you receive everything that you’re entitled to during such a difficult time.

The Administrators

If your employer is insolvent, the administrators will be handling the wind down of the company and it’s like they’ll be the ones to inform you of your redundancy.

The administrators will give you all of the information that you need to be able to claim for any money that is owed to you.

They will need to give you a unique code, called a CN number (you cannot claim without this, so make sure to ask if you haven’t been given one) which you’ll need to hand when you’re making applications to claim.

Claiming for Money that is Owed to You

There are two separate applications to complete when claiming what is owed to you. You’ll have to fill out an RP1 and an RP2.

RP1 - Claim for redundancy pay (and other money owed)

The RP1 allows you to claim for:

Redundancy Pay

If you’ve been employed for 2 years or more, your statutory redundancy pay will be:

• Half a week’s pay for each full year you were under 22

• One week’s pay for each full year you were 22 or older, but under 41

• One and half week’s pay for each full year you were 41 or older

This is capped at 20 year’s service.

Holiday Pay
Other money you may be owed, including wages, overtime, bonuses and commission.

RP2 - Claim loss of notice pay

You must do the RP1 application (even if you’re not owed any money) before you can move onto RP2.

You can claim loss of notice pay if your employer is insolvent and you haven’t been paid for your notice period, even if you didn’t work your notice period.

Some Useful Tips Following Redundancy

Contact Your Pension Provider

It’s a good idea to get in touch with your pension provider, to check whether your pension contributions have been stopped.

Employee Assistance Programmes

Redundancy can have a huge affect on your life, including your mental well-being.

If you feel like you could do with some help, it’s worth checking whether you’re part of any employee assistance programmes. They may be able to offer you advice or even counselling sessions should you need a bit of extra support

Are You Part of a Union?

If you’re part of a union, you can get in touch with them to see if they can assist you with anything. If you’re unsure whether you’re part of a union, find out which union your employer uses and get in touch - they’ll be able to tell you.

Check Local Money Charities

If redundancy has left you in a difficult financial position, you can get in touch with local money charities. They can contact your bank on your behalf to let them know you’ve been made redundant and they may be able to offer help, such as a mortgage holiday or reducing your credit card payments.

How We Can Help

Making a Protective Award Claim

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

If your employer has made 20 or more redundancies in one location within a 90 day period, they need to have followed a certain process.

They must have collectively consulted with a recognised trade union or elected employee representatives. If they failed to meet those requirements, you may be entitled to make a claim for a protective award.

If you’re eligible to make a claim, you could be awarded up to 8 weeks’ pay.

There are strict deadlines for Protective Award Claims, set by the Employment Tribunal. We have 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, it’s important to protect your legal rights by immediately seeking advice on making a claim.

We will prepare your case and present evidence to the tribunal that proves your employer failed to meet their legal obligations. A ruling in your favour will see that you are awarded up to 90 days’ pay, although this will be capped at a set limit where the company has become insolvent.

Use our eligibility checker to see if you’re eligible to make a claim.

Why Choose Aticus Law?

At Aticus Law, we understand how scary it is to be made redundant, especially when that redundancy takes place suddenly without any prior warning. We can help you recover 90 days’ pay, providing you with some much-needed financial support.

We are highly experienced in representing employees in protective award claims.

"I have been in touch with Mohammed from the start of my claim, he has been brilliant, explaining everything to me as it happens, being kept informed of each step as it develops has been helpful. I would highly recommend anyone needing assistance with employment law to make the call and get help, I had no Idea where to start but once I contacted Aticus I left everything to them to sort, thanks for the help."

With over 30 years’ experience in dealing with successful protective award claims across the country, you can rest assured that our team have theexpertise to get you the outcome you deserve.

We work on a No Win, No Fee basis. This means that if the claim is unsuccessful, then you won’t have to pay a penny.

 

Call or email us in order for us to discuss in greater detail how our solicitors can move your case forward today.

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