A Protective Award is a form of compensation awarded to employees in situations where an employer makes more than 20 employees redundant without collectively informing or consulting the employees about the redundancy.
There is a legal obligation for employers to consult with employee representatives before redundancies are made. Where there has been a failure to do this, a claim may be brought in the Employment Tribunal.
If you wish to bring a Protective Award Claim there is a three month time limit.
How much is the Protective Award?
A protective award is payable to each of the affected employees and can be up to a maximum of 90 days’ gross pay in a redundancy situation and is at the Employment Tribunal’s discretion.
The amount awarded may be reduced if the employer engaged in some form of consultation with the employees.
Am I eligible?
You may be eligible if you have been dismissed or are about to be dismissed as redundant and your employer has failed to adequately inform and consult with you.
A claim must either be made before or within three months of the date which the last dismissal takes place. However, before a claim can be submitted to an Employment Tribunal claimants must first obtain an Early Conciliation Certificate which confirms that they engaged in the Early Conciliation process through ACAS. It is therefore important to take steps as soon as possible.
What happens if my employer is insolvent and an award is made?
If the employer is insolvent, the employee can apply for payment out of the National Insurance Fund. The National Insurance Fund can pay up to a maximum of 8 weeks’ pay, capped at £525 per week (this figure is correct at August 2019).
What can Parrott&Coales do to help? Parrott&Coales can provide a free initial assessment of your situation. If you believe you may be entitled to a Protective Award, do not delay and contact us today on 023 9298 1000 or email email@example.com and one of our Employment Law experts will be in touch.
|cookielawinfo-checkbox-advertisement||1 year||Set by the GDPR Cookie Consent plugin, this cookie is used to record the user consent for the cookies in the "Advertisement" category .|
|SRM_B||1 year 24 days||Used by Microsoft Advertising as a unique ID for visitors.|
|ANONCHK||10 minutes||The ANONCHK cookie, set by Bing, is used to store a user's session ID and also verify the clicks from ads on the Bing search engine. The cookie helps in reporting and personalization as well.|
|MUID||1 year 24 days||Bing sets this cookie to recognize unique web browsers visiting Microsoft sites. This cookie is used for advertising, site analytics, and other operations.|
|_clck||1 year||No description|
|_clsk||1 day||No description|
|CLID||1 year||No description|
|SM||session||No description available.|