Our team of employment lawyers are experts in helping clients secure the compensation they are entitled to through a Protective Award payment where they have been made redundant without proper consultation.
Our specialist employment team recently represented employees of Land Engineering (Scotland) Ltd when it collapsed in June resulting in the loss of 135 jobs. Land Engineering (Scotland) Ltd failed to consult their staff about their redundancies giving them only one day’s notice resulting in Thompsons securing £250,000 compensation.
Thompsons employment lawyers have extensive experience in dealing with Protective Award claims and our lawyers are only ever on the side of employees we never represent employers.
Read The Herald news article on the Protective Award claims we raised on behalf of employees of Land Engineering (Scotland) Ltd :
What is a Protective Award?
A protective award is where an employer is required to pay employees a week's pay for each week of a specified period, known as the protected period, irrespective of whether the employee is working or not.
Who decides if a Protective Award should be paid?
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.
What is the consultation period?
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.
Fair consultation means “consultation when the proposals are still at a formative stage; adequate information on which to respond; adequate time in which to respond and conscientious consideration by an authority of the response to consultation”.
Are there circumstances where a consultation period is not required?
While courts have said that there may be special circumstances in the event of a sudden disaster whether physical or financial, that makes it necessary for an employer to close down its business, however they have very little sympathy for employers who have been very aware of the financial difficulties facing their business but who have not complied with their duty to consult – for instance insolvency does not amount to a special circumstance.
Thompsons employment lawyers are specialists and are here to help you. Protective Awards if successful can award up to 90 days pay (subject to cap on weeks pay) “to compensate employees for the loss of the days of consultation….even if an employee has not suffered any financial loss”.
To claim a Protective Award, an Employment Tribunal claim must be lodged within 3 months of the date of dismissal.
Been made redundant? Work place closed without consultation?
YOU may be entitled to a claim a Protective Award, our specialist employment lawyers are dedicated to supporting employees with their employment difficulties.