Expert Employment Lawyers for Protective Awards

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Protective Award

Were 20 or more employees dismissed

Protective Award Claims Explained | Who Can Claim & Successful Cases – Employment Law Guide

Have you unexpectedly been made redundant? Were 20 or more employees dismissed?

Our team of employment lawyers are experts in helping employees who have been made redundant without the required consultation process. We will help you secure the compensation you are entitled to through a Protective Award payment.

As Scotland’s leading employment lawyers, we have extensive experience in dealing with Protective Award claims.

We have won claims against Debenhams, Tuffnells Parcels Express, Allma Construction and many others on behalf of hundreds of former employees, and we are currently pursuing claims in the Employment Appeal Tribunal against Morton's Rolls and the Department for Business and Trade.

You can still claim even if your employer has gone bust (the Insolvency Service will pay any compensation awarded).

We have represented clients in a number of high-profile protective award claims in recent years:

Debenhams collapsed in 2021 making thousands of people redundant without any warning or consultation. Thompsons secured more than £350,000 for hundreds of former employees.

Retail Gazette 11th April 2022 - Debenhams former staff win £350,000 in legal row

Tuffnells Parcels Express, the nationwide delivery company, went into administration in 2023. All drivers and other staff were made redundant on the spot without any notice. Thompsons secured £200,000 for many of the affected workers across the UK.

Allma Construction dismissed its entire workforce in 2023 when administrators took over the failing company. Thompsons secured nearly £350,000 in protective awards for the affected employees.

Healthcare Environmental Services employees arrived at work days before Christmas in 2018 to be told they no longer had a job. Our specialist employment lawyers represented 220 former workers after their employers failed to consult them prior to making them redundant, securing £400,000 Protective Award compensation for our clients.

The Daily Record 13^thJune 2021- Scots workers who lost jobs at scandal-hit clinical waste plant land six-figure compensation payout

Watt Brothers plunged into administration in October 2019 when staff were asked to leave the store without warning. Thompsons represented 78 of the employees with regards to a Protective Award claim successfully securing £125,000 in compensation.

The Herald, 14^th December 2020 - Former Watt Brothers staff set to receive payouts totalling £125,000

Land Engineering (Scotland) Ltd failed to consult their staff about redundancies, giving only one day’s notice. Thompsons raised a Protective Award claim on behalf of the employees resulting in £250,000 compensation being paid.

The Herald 11^th January 2019 - Scots engineering staff dumped with one day notice win £250,000 payout

Scottish Legal News 11^th January 2018 – Thompsons wins payout for workers sacked at short notice.

Tullis Russell After Thompsons successfully won a protective award claim at the Employment Tribunal, former employees at a paper mill in Fife, Scotland, were awarded £1.5m in compensation after they were made redundant with a day's notice.

The Mirror 9^th April 2016 - Tullis Russell paper mill workers awarded £1.5m in compensation made redundant with 1 days notice

TOM Vehicle Rental - Thompsons secured over £500,000 compensation for more than 200 former employees of TOM Vehicle Rental after administrators dismissed the entire workforce without consultation in 2018.

The Daily Record 10^th April 2018 - Concerns raised over administration process at doomed Airdrie company TOM

FAQs for Protective Awards

A protective award is a type of compensation awarded by an Employment Tribunal where it finds that an employer failed to carry out the required consultation process before making redundancies. It only applies where 20 or more employees have been dismissed from the same premises within a 90-day period. A strict procedure must be followed whereby the employer allows all affected employees to elect representatives. A series of consultation meetings must then take place to discuss ways of reducing or avoiding the redundancies with the employer. Alternatively, where there is a recognised trade union, consultation must take place with that union.

To claim a Protective Award, an Employment Tribunal claim must be lodged within 3 months of the date of dismissal.

It is up to the Tribunal to decide how seriously the employer has failed to meet its obligations to consult. In most cases there has been a complete failure and the award is 90 days' pay per employee.

We run protective award claims on a "no win, no fee" basis. If we take your claim on, you pay us nothing under any circumstances unless we are successful.

An Employment Tribunal can make a Protective Award where an employer dismissed as redundant 20 or more employees at one establishment within a period of 90 days or less without consultation of appropriate representatives of the affected employees.

Generally, consultation must begin 30 days before the first of the dismissals takes effect, unless 100 or more redundancies are proposed in a 90-day period, in which case consultation must begin at least 45 days before that dismissal.

Consultation must include discussion of ways to avoid, reduce, or mitigate the consequences of, the proposed dismissals. Employers must therefore engage in good faith with the representatives and make a genuine effort to reach agreement.

If an employer is able to show that there were exceptional circumstances which made consultation impossible, this can be an absolute defence to a protective award claim. It should be noted that this defence is extremely difficult to make out e.g. company insolvency; sudden closure of a parent company; and even the coronavirus pandemic are all unlikely to be enough on their own to justify a failure to consult.

Been made redundant? No consultation?

You could be entitled to claim a Protective Award.

Based on 2232 reviews

Excellent

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5 / 5

I cannot thank Rhaea Clark at Thompsons Solicitors enough for her incredible support with my personal injury claim. She handled my case on a No Win, No Fee basis, and what really stood out to me was her absolute transparency regarding fees. The billing structure was completely clear from day one, giving me total peace of mind that there would be no hidden surprises. From start to finish, the entire process was seamless. I was kept updated every step of the way, and the entire claim was resolved much quicker than I ever expected. If you need a personal injury solicitor who is efficient, honest, and delivers fantastic results, I highly recommend Rhaea Clark. Thank you for making a stressful situation so easy!

Michelle

29 September 2026

5 / 5

Excellent service from start to finish!!

Anonymous

28 September 2026

5 / 5

Alix Stewart and her team were great through my case. Alix kept in contact with myself via e-mails and phone calls, spoke very clearly and was very patience with me on the phone as I am deaf. Guiding me through the case and keeping me up to date. On the day of the pre-trial, it was over less than 2 hours, such a relief, excellent results.

Fiona Lumsden

25 September 2026

5 / 5

Lovely informative lady that listened and addressed any concerns. An absolute pleasure to have her on side. I can't thank you enough.

Paul Green

21 September 2026

5 / 5

I cannot recommend Thompsons and Raegan Burnside in particular enough. The service I recieved was excellent. I was kept informed at all times as to how my case was progressing. I felt understood and listened to. Time was taken to make sure I understood what was happening and how the legal process would work in my case. Thompsons represented me when my employer failed in their duty of care.

Anonymous

21 September 2026

5 / 5

The experience was very straight forward and easy to understand. The communication was prompt and questions answered in a timely fashion.

Anonymous

11 September 2026

5 / 5

I was extremely pleased with the service I was provided. Staff were very informative and explained things very well. Also I was kept in contact throughout the whole claim .

Simon

7 September 2026

5 / 5

Holly kept me informed throughout the process and gave advice when required. She helped secure a suitable offer which I am happy with.

Gillian

5 September 2026

Expert Employment Lawyers for Protective Awards

Expert Employment Lawyers for Protective Awards

Have you unexpectedly been made redundant? Were 20 or more employees dismissed?

FAQs for Protective Awards

Been made redundant? No consultation?

Please contact your trade union first

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Expert Employment Lawyers for Protective Awards

Expert Employment Lawyers for Protective Awards

Have you unexpectedly been made redundant? Were 20 or more employees dismissed?

FAQs for Protective Awards

What is a Protective Award?

How long do I have to make a Protective Award claim?

How much could I be awarded?

How much will it cost?

Who decides if a Protective Award should be paid?

What is the consultation period?

What is a meaningful consultation?

Are there circumstances where a consultation period is not required?

Been made redundant? No consultation?