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Protective Award.. What is it?

Employees are now, more than ever, aware of their rights when it comes to the workplace. However, an area of employment law which often slips through the net is Protective Award Claims, and it’s an area of law that is not in the employer’s interests for their staff to understand what it entails.

Unfortunately, redundancies are part and parcel of every day working life, and can result in large groups of employees being made redundant to support ‘cost-cutting exercises’. If the redundancy process is not dealt with properly by the employer, this can leave the employer at risk of having a successful Protective Award claim brought against them.

Protective Award 

  • where an employer makes 20 or more members of staff redundant in one go, they have a legal obligation to consult on this process. 
  • this consultation should be used to find alternatives to redundancy and should take no less than 30 days (if below 100 employees are being made redundant) or 45 days (if above  employees are being made redundant). 
  • if the company does not do this, then you may be entitled to compensation.

A claim for Protective Award must be brought within 3 months (less a day) from the moment you were made redundant. If successful, the Court can make an order for payment of up to 90 days gross pay. If the company has gone into administration and is no longer solvent, then you can claim for payment of your award from the National Insurance Fund – this fund can pay up to a maximum of 8 week’s pay, capped at £538 per week. 

There are certain steps which a group of claimants must take before bringing a claim, however Imperium Law are experts in this area and can assist you throughout the whole process. If you believe you and a group of your colleagues have been made redundant and your employer did not follow the correct procedure, then please get in touch without delay.

Imperium Law are specialist Protective Award solicitors, call us today to find out how we can help you to make a claim 0800 633 5730 or email enquiries@imperiumlaw.co.uk

 

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