Why Should I Make A Protective Award Claim – Burton

By Hannah Stewart-MacCallum - 11th February 2021

When proposing to make more than 20 redundancies from one establishment in a 90 day period, employers are subject to certain legal obligations. If they fail to comply with the legal obligations, employees could be entitled to make a Protective Award Claim.

When a company is put into administration, unfortunately, we often see a lot of employees facing redundancy – so Protective Award Claims are brought to the Tribunal as large class action claims. This involves a large number of individual Claimants making a joint claim.

It’s a good idea to discuss the Protective Award Claim with your former colleagues so they can also be a part of the claim if they’re eligible.

We know how much redundancy can affect people – especially when they’re given little or no notice to put any other plans in place. That’s why we deal with Protective Award Claims on a no-win-no-fee basis. If your claim is unsuccessful, you won’t be liable to pay any legal fees.

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Why should I instruct Aticus Law?

Although you don’t actually have to instruct a solicitor to manage your claim, it’s definitely in your best interests to. An employment law solicitor will maximise your chances of a successful claim as they know the process inside out. Protective Award Claims are often complex cases and there are a number of procedures that must be followed. If such procedures are not adhered to, the claim may be struck out by the Tribunal.

There is a chance that the claim may be defended by the Respondent. Should the claim be defended, it’s important to understand the correct legislation and case law surrounding Protective Award Claims.

The Tribunal may schedule a full hearing to discuss the facts and issues arising from the claim. If you don’t have legal representation, you may have to attend the Tribunal as a litigant in person. If the claim is defended by the Respondent, a full hearing must take place.

Protective Award Claims can often take a long time to conclude, particularly under the difficult circumstances in which we are currently faced with. Due to the involvement of multiple parties, there can often be a vast amount of correspondence to manage throughout this time. This correspondence can carry strict deadlines for a response to be provided.

Should you choose to instruct Aticus Law, our team of redundancy solicitors will manage the claim from the outset through to conclusion. We are able to ensure that your Protective Award Claim has the highest chance of success and is concluded within the fastest possible timeframe.

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