An employer who makes more than 20 employees redundant without collectively informing and consulting with them beforehand is in breach of their legal obligations. Employees in this situation have three months to claim a Protective Award in the employment tribunal.
Designed to penalise an employer for failing to perform their obligations to consult, Protective Awards are at the discretion of the Employment Tribunal, but they can be worth up to 90 days’ gross pay for employees in a redundancy situation.
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.
If your former employer is insolvent, you can apply to be paid out of the National Insurance Fund. If you are eligible, the National Insurance Fund could pay you up to a maximum of 8 weeks’ pay, capped at £525 per week (this figure is correct at February 2020).
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.
Verisona Law can provide free initial assessments of individual or group situations. Those who feel they may be entitled to a Protective Award, should contact us immediately on 023 9298 1000 or at firstname.lastname@example.org for an appointment with one of our employment law experts.