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Expert Employment Lawyers for Protective Awards

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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 13th June 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, 14th 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 11th January 2019 - Scots engineering staff dumped with one day notice win £250,000 payout

Scottish Legal News 11th 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 9th 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 10th 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.

Legal services for Employment Law 5 1177
Based on 2232 reviews
Excellent
5/5
5 / 5

Very recommended

I’ve contacted Thompsons for an issue with my work redundancy. Daniel Cawley took upon my case and he was very good. I suggest this company especially considering that others didn’t even take the time to answer my emails

Sara
25 August 2026
5 / 5

Excellent Service

I cant rate Thompsons Scotland highly enough. The service I received was impeccable. Many thanks to Karen Shand, she was very professional, answered all my questions and kept me updated as my claim progressed. Thompsons Scotland are very fortunate to have Karen represent them.

Tom
25 August 2026
5 / 5

Would recommend Alix at Thompsons

Had a great experience with Alix at Thompsons solicitors. Alix was very attentive and had great communication throughout the whole journey

Rebecca Moore
22 August 2026
5 / 5

Highly Professional

I had a very positive experience with Thompsons in dealing with my personal injury claim. Derek McLean dealt with my case and I am very grateful to him in securing my compensation. A special thank you to Karen Shand who provided supportive communication throughout.

Jim
20 August 2026
5 / 5

Thompson Solicitors Review

Professional from start to finish. Referred me to the appropriate professionals to inform my Case. Provided advice to enable me to settle my Case. Advice seemed fair and reasonable. I was not put under any pressure at any time.

Anonymous
19 August 2026
5 / 5

Scott Schoneville reviews for magdalena

Great help and very professional, highly recommended.

Scott Schoneville
19 August 2026
5 / 5

Dog attack

Having never made a claim for compensation before Meghan was appointed my solicitor. From the start she was very friendly but professional. Always explained things in a way I would understand. She was also very prompt in replying to any of my questions or when asking for updates and nothing seemed to much trouble for her. The advice and guidance from her made the process very easy. There was also a time where I waa unsure if going for further appointments to see a specialist was the right way to go. Meghan gave her own thoughts but also asked advise herself just to be sure which was reassuring to me. I couldn't recommend her highly enough.

Kevin Milner
12 August 2026
5 / 5

Above and Beyond

My experience with Thompsons was nothing but amazing. The time and effort that Nathalie Axelsson put into my case along with her collegues was exceptional. The professionalism and time taken to make sure my case was solid was amazing. I can't thank them enough.

Kimberley Waldron
12 August 2026
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