If you are made redundant or transferred to another company your employer potentially has a legal duty to provide information and engage in consultation.

When collective redundancies and business transfers take place without adequate consultation, affected employees may have claims for a Protective Award.

These Protective Awards can provide for compensation of up to a maximum of 90 days’ gross pay (for redundancy)/13 weeks’ gross pay (for a transfer of employment) for each affected employee.

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  • If you are 1 of at least 20 employees who have recently been made redundant, or if you have been informed that your role is at risk of redundancy, you may be eligible to bring a Protective Award claim.
  • If you have recently been (“TUPE”) transferred to a new employer, or informed that you are to be transferred to a new employer, you may be eligible to bring a Protective Award claim.

Our specialist team can provide expert advice about Protective Award claims. We have extensive experience of these claims and act for employees all over the UK.

Experience


  • Recently won Protective Award claims for over 100 former Phones 4U employees who were made redundant when the company went into administration without consultation:

Mobile Today, Yorkshire Legal

  • Won Protective Award claims for over 250 former City Link employees who were made redundant without consultation:

BBC News, ITV News

  • Secured Protective Awards for former employees of Oakworth Joinery, 2e2, Jarvis (which resulted in over £3 million paid out to the former employees), Austin Reed, 4Children and Aqua Interiors, to name but a few.

Read our recent ‘getting away with it‘ article.

Time Limits


Whilst there is no cap on compensation (although there are caps on payments made by the Redundancy Payments Office), in our experience individual employees could receive as much as between £5,000 to £6,000 (or between £3,000 to £3,700 if the company is insolvent).

Please note that strict time limits apply in these cases (generally just 3 months less one day from the date of the redundancy/transfer) – act quickly, or you could well lose out.

The Redundancy Payments Office

The Redundancy Payments Office (RPO) is a government-run organisation which processes Redundancy Claims, Protective Award Claims and various other claims using money from the National Insurance Fund.

The RPO is essential to protective award claims as it guarantees up to 8 weeks of the Tribunal award for successful Claimants. Without this guarantee most successful Claimants would receive nothing as these claims are often brought against companies with no money left to be claimed.

The current cap on a week’s pay from the RPO is £489 per week, however, this changes yearly.

Claimants can receive up to 8 weeks pay from the RPO, however, if a Claimant has received benefits previously then this may lower the amount they receive as some benefits count against the 8 weeks the RPO guarantee, some examples of these are:

  1. Job Seekers Allowance
  2. Arrears of Pay

Examples of payments which do not count against the 8-week award are:

  1. Notice Pay Claims
  2. Statutory Redundancy Pay Claims

If you have claimed benefits that count, during the protected period (the time when your award is calculated), these benefits will be taken off any compensation you receive from the RPO. This is because the benefits are paid from the same pool of money as the protective award claim (the National Insurance Fund).   

The remaining part of the Protective Award not paid by the RPO will be added to the debt of the company the claim was brought against. The claim is classed as an unsecured debt meaning it will be one of the last to be paid from the left-over money the company has, if any. It is not uncommon to receive a fractional amount of these left-over awards such as 1 penny for every pound owed – depending on the company’s financial health when the claim is brought.

If you would like advice on Protective Awards or require further information about our services please take a look at our Protective Award factsheet, contact a member of our team on 033 3344 9603.

Alternatively, if you think you may have a valid Protective Award claim, complete our Protective Award questionnaire and we’ll get back to you.

Complete our Protective Award online questionnaire

If you are a Union member, speak to your Union without delay.

For non-trade union members, we can offer ‘no win, no fee’ terms.

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