What is a Protective Award?

Have you and your colleagues been made redundant without being consulted with? You may be entitled to 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.

Designed to penalise an employer for failing to perform their obligation to consult with their staff, Protective Awards are at the discretion of the Employment Tribunal and can be worth up to 90 days’ gross pay.

Protective Award calculator

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When can I make a Protective Award claim?

You may be eligible to a Protective Award if you have been, or are about to be, dismissed as redundant, and your employer has failed to adequately inform and consult with appropriate representatives. You have up to 90 days from the date of the last dismissal to file a claim. You do not need to have been employed for two years in order to bring a claim. If you were represented by a trade union then they must bring the claim on your behalf.

A claim must either be made before or within three months of the date which the last dismissal takes place.

Before making a claim, you must first go through the ACAS early conciliation process and obtain an Early Conciliation Certificate. This confirms that you have engaged in the Early Conciliation process through ACAS. Therefore, it is important to take action as soon as possible.

Free guide to redundancy and protective awards.

Everything you need to know about Protective Awards, in one place. A legal expert will contact you within 72 hours to offer advice and support with your claim.

What should your employer do?

Your employer must do the following things when making 20 or more redundancies in the business

  • Determine with whom they should consult on a collective basis. This is separate to the normal process of consultation with individual employees. If there is a recognised Trade Union, then an employer must consult with union representatives. If there is no recognised Trade Union then an employer can consult with existing representatives appointed or elected by the employees. Crucially, if there is no recognised Trade Union or body of elected or appointed representatives, an employer must take steps to arrange an election for employee representatives with whom it intends to consult.
  • An employer must then provide prescribed information to the appropriate representatives, including the reasons for dismissals, the proposed method of selection for redundancies., the timescale over which redundancies should take place and the proposed method of calculating redundancy payments.
  • Consult with the employee representatives about the proposed redundancies with a view to reaching agreement about avoiding the dismissals, reducing the number of employees to be dismissed and mitigating the consequences of the dismissals. Such consultation must be genuine, meaningful and conscientious. Consultation must take place at least 30 days before the first dismissal takes effect (or 45 days if 100 or more employees are being made redundant).

How much does a Protective Award cost?

Verisona Law works with you on a no win no fee basis, meaning that if we are unable to recover an award on your behalf, there is no fee payable. We offer an extremely competitive service, depending on the complexity of your claim we charge between 10 and 35% of the award.

We also guarantee to match any like for like quote.

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"Thank you so much for you kind, clear and speedy help. You have helped me so much with dealing with this. I really appreciate your efforts."

"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 recommending Sue and her team."

"My initial phone conversation with Sue Ball and following meeting and phone queries were dealt with in a relaxed, but, informed manner. Nothing seemed too much trouble. I would recommend them to anyone who is seeking employment advice."

Free 20-minute telephone consultation

We offer a free initial call to anyone who would like to discuss their redundancy and whether they’re eligible for a Protective Award. Our professional, experienced solicitors will contact you at a time that works for you, and give you reliable legal advice on your situation.

It’s completely free, and you could be entitled to hundreds of pounds. Fill out the form below for your free consultation.

We look forward to talking to you.

Discuss your protective award with an Employment Solicitor today