How long do I have to make a claim?

You have 3 months less a day from the moment you were made redundant. If you are outside of this timeframe then unfortunately you will not be eligible to make a claim.

I was employed by the company for less than 2 years before I was made redundant – do I still have a claim?

Yes. Protective Award claims do not require you to have been with the company for a certain length of time.

I have already claimed and been paid my redundancy pay. Can I still make a claim for Protective Award?

Yes. Protective Award claims are completely separate to redundancy/statutory redundancy pay.

My employer is no longer solvent. How will this affect my claim?

If your employer has entered into administration and is no longer solvent, then the Redundancy Payments Office (RPO) will guarantee up to 8 weeks’ pay capped at £538 per week. This means the maximum you could be paid by the RPO is £4,304.

I was told my job could not be retained due to the COVID-19 pandemic. Does this affect my claim in any way?

Although the Coronavirus outbreak will play a big part in the reason for redundancies in the current climate, it is unlikely this will be an acceptable excuse for companies not to consult with their staff before making redundancies. Staff must have been given 30 days’ notice (if less than 100 employees) or 45 day’ notice (if more than 100 employees) before being made redundant.

Our group of 20 or more employees were split across different offices. Can we still make a claim?

Yes, although this will be dependent on the structure of the company. If you are unsure with regards to this point, please do not hesitate to contact Imperium Law and we can discuss further with you.

How much will this cost me, and what if we are not successful with the claim?

Imperium Law will only charge a fee if your case is successful. We will work on a Damages Based Agreement or a Conditional Fee Agreement which will be established with the claimant group before proceeding – if you are successful, Imperium Law will take an agreed percentage of the overall total award. If you are not successful, then Imperium Law will not charge you for any work carried out on your behalf.

Will I have to attend court?

The majority of these claims settle before getting to court. However, in the unlikely circumstance that the case cannot be settled, then typically only a few members of the claimant group would need to attend the tribunal as a witness.

Explaining Your Protective Award: A Comprehensive Guide for UK Employees

Understanding your rights as an employee in the UK, especially in the complex field of protective awards, is crucial. This comprehensive guide, brought to you by Imperium Law, specialists in compensation claims, aims to elucidate the intricacies of protective awards in the UK. Whether you are facing redundancy, wondering about your eligibility for a protective award, or simply seeking to understand your rights in the workplace, this article will serve as your go-to resource.

What is a Protective Award?

A protective award is a compensation claim available to employees who have been made redundant without proper notice or consultation by their employer. Under UK employment law, businesses considering collective redundancies are legally obliged to consult with and inform the affected employees. Failure to do so entitles these employees to claim a protective award.

Eligibility for a Protective Award Claim

To be eligible for a protective award claim, you must satisfy certain criteria:

You must be part of a group of 20 or more employees made redundant.
There must have been no notice or consultation period.
Your claim must be filed within 3 months less a day from the redundancy date.

Compensation Details

Successful claimants can be awarded up to 90 days’ gross pay. If the company is solvent, the full amount is payable; if insolvent, the government guarantees up to 8 weeks’ pay, capped at £538 per week.

The Role of Unions and Importance in the Workplace

Trade unions play a pivotal role in protecting employee rights, especially during collective redundancies. They advocate for fair treatment and ensure that employers fulfil their legal obligations towards employees.

Proving Wrongful Terminations and Employee Rights

Understanding your rights is essential in proving wrongful termination. Employees must demonstrate that the employer failed to comply with legal standards for redundancy, including the failure to consult or provide adequate notice.

‘Last Hired, First Fired’ Policy

This common phrase is not a legal rule but reflects a widespread practice in redundancies. However, all redundancies must comply with UK employment laws, ensuring fair and non-discriminatory processes.

Protection Against Unfair Dismissal

Employees have the right to challenge unfair dismissals, including redundancy without proper notice or consultation. Legal recourse is available through employment tribunals. Click here to read more about unfair dismissal and your rights as an employee.

Imperium Law: Your Partner in Protective Award Claims

Imperium Law, with extensive knowledge in employment law, offers expert assistance in protective award claims. They operate on a No Win No Fee basis, charging a fee only if your case is successful. This ensures a risk-free process for claimants.

Understanding protective awards is critical for any UK employee facing redundancy. By being aware of your rights and the legal obligations of your employer, you can ensure fair treatment and seek rightful compensation if those rights are infringed upon. Imperium Law stands ready to assist you in navigating these complex legal waters, offering expertise and support throughout the claim process.