As the Coronavirus outbreak takes its toll on the workplace, British employers planned more than 300,000 redundancies in June and July as reported by BBC News. A huge 1,784 firms made plans to cut approximately 150,000 jobs in July, and 1,888 planned 156,000 cuts in June. Worryingly, this may only be the tip of the iceberg, as many smaller businesses are not included in these figures.
If you are one of the affected, and your employer failed to follow the correct procedures, then you may be entitled to compensation. It is important that if your employer is changing your role in any way, whether it’s your pay, working hours, furlough leave or redundancy, you are communicated and consulted with.
If you are now facing redundancy, it is imperative that your employer follows the correct procedures. Your employer must review all appropriate roles, have appropriate selection criteria, apply the criteria fairly, and consult with you throughout the process. They must also consider alternative employment before making you redundant. Failure to do so can lead to you becoming entitled to make a claim for unfair dismissal or a Protective Award.
A Protective Award is an award of compensation for employees who have not been collectively informed and consulted with prior to their redundancy. They act as a way to penalise an employer for failing to perform their obligation to consult with their staff.
If your employer has failed to inform and consult with either a trade union or a representative elected by you, and made more than 20 redundancies, you may be eligible to claim. At the discretion of the Employment Tribunal, a Protective Award can be worth up to 90 days’ gross pay, creating a little helping of ease in a troubling and uncertain time.
The employment law team at Verisona Law are on hand to advise and support you through this time. No matter your question, we are able to offer support and guidance.
Get in touch with our team today for a free, no-obligation chat on 02392 98 1000 or email firstname.lastname@example.org
- Unfair dismissal
- Wrongful dismissal
- Unlawful discrimination
- Harassment and victimisation
- Equal pay
- Unlawful deduction of wages
- Breaches of contract
- Protected disclosures (whistle blowing)
- Transfer of undertaking (TUPE)
- Settlement agreements
Sports and Football Law
- Contracts of Employment
- Service Agreements
- Contractual Issues
- Executive Departures
"Over the years, I have developed a great trust in my working relationship with Mike Dyer, Head of Commercial Law at Verisona. One of the things I value most is that he is always at the end of a phone. On the rare occasions he is unavailable, his secretary is always well informed and very helpful. Through Mike, I have met many other members of Verisona and, just like in the recruitment industry, they understand the importance of being treated like an individual. They make me feel valued and important to both them and their business. At Verisona, you always deal with real people who you know and are in a position to help. Most importantly, Verisona delivers. We recently had an urgent situation regarding the restrictive covenants of new members of staff. Employment specialist Susan Ball came in on a day off to listen to us, dissect and analyse the situation, and translate what we wanted to achieve into the best possible legal language and solution. This is just one example of the calm, efficient professionalism I have come to value from Verisona over the years. Verisona has a refreshing approach to the law. They are there when we need them, always easy to talk to, go out of their way to make sure that we understand what they are doing for us and why, and always get the best results".
Legally enforcing the tribunal award
To enforce the Tribunal award we applied to the Defendant’s local County Court for it to be registered and for permission to enforce the award.
The Court granted the application and on the Register of Judgments, Orders and Fines. As a result the Tribunal award would appear as a County Court Judgment which would likely affect the Defendant’s credit rating.
Time limits for enforcing Tribunal awards
It is worth noting that there is no time restriction for registering or enforcing a Tribunal award. You can enforce one even if it is several years old. In addition, it is usually possible to claim interest on the amount until you receive payment.
A commercial business
"Thanks for all your help on this - you've been so helpful to me in guiding and explaining everything, so just to say thank you for obviously helping represent my case but also allowing me to understand the process and giving me greater awareness of what I need to be mindful of when signing future contracts".
Former employee of professional football club
Sue was easy to deal with and offered all options available. Jane was in contact beforehand to tell me what information was needed and Sue was prepared for our meeting. I cannot praise Sue and Jane enough and would have absolutely no hesitation in reommending Sue and her team.