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 Verisona Law do to help?
Verisona Law 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 firstname.lastname@example.org and one of our Employment Law experts will be in touch.
- 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
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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.