Making a claim for protective award
If you are successful in bringing a claim for Protective Award, you could be awarded up to 90 days’ gross pay. If the company or its administration is solvent, then the full amount will be paid. If the company is insolvent, the government will underwrite the award for up to 8 weeks’ pay (capped at £538 per week).
To bring a claim for protective award, you must:
- be part of a group of 20+ employees who have been made redundant
- not have been given any notice or involved in a consultation period (employers must give 30 days’ notice if it’s below 100 redundancies in total, or 45 days’ notice if 100+ redundancies)
- be within 3 months (less a day) of the date you were made redundant
As the limitation period (the time in which you have to make a claim from the moment you were made redundant) is 3 months less a day, you must act quickly to ensure you do not lose out on the compensation you are entitled to.
FAQs:
1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
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