Protective Awards, Insolvency and Redundancies

When a company goes into administration or liquidation it usually results in wide-scale redundancies. And those redundancies are made instantly, without any prior warning. This gives rise to a claim that not everyone knows about – a Protective Award claim.

A Protective Award claim is a stand-alone claim and is different from claims for redundancy pay or notice pay for example, which are made via the RP1 and RP2 claim form process. Companies and/or administrators will usually tell you how to claim your redundancy pay, holiday pay and notice pay but they will not tell you that you might be able to make a Protective Award claim and many people have never heard of this type of claim before.

Protective Award Claim

Where an employer is proposing to make 20 or more employees redundant at an ‘establishment’ (i.e. a workplace) there is a duty to consult with appropriate representatives for a minimum period of 30 days (or 45 days if more than 100 are to be dismissed).

‘Appropriate representatives’ are either a recognised Trade Union or elected Employee representatives, or where there are neither, the employer must hold elections to appoint representatives for the purpose of redundancy consultation. Where the employer does not comply with these obligations, a claim can be brought in the Tribunals for a Protective Award.

It is essential that more than 20 redundancies are made at a single workplace, otherwise no claim can be pursued regardless of how little consultation took place.

If there were appropriate representatives, then they must pursue the claim on behalf of those made redundant but this is often a complex issue.

Why Morrish Solicitors?

In all Protective Award cases we carry out a review of the potential claim for free and where there is a viable claim and a large enough litigation group, we can act under a damages-based agreement, meaning legal fees for representation are only payable if the case is successful out of compensation actually recovered.

The bigger the group of redundant employees that pursue the claim as a group, the better the deal we can offer with regards to fees.

Morrish Solicitors LLP has vast experience in bringing multiple Protective Award claims for employees from across the UK, having brought these types of claims for many years, winning and securing full protective awards for thousands of employees.

For example, we have successfully represented employees in claims against Phones4u, Austin Reed, City Link, Bezier, Oakworth Joinery, 2e2, Jarvis, 4Children and Aqua Interiors, to name but a few and some of these claims involved in excess of 250 employees. We can help small and large groups of employees.

We are currently pursuing many other protective award claims against other insolvent employers.

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The service we received was exceptional, we were kept in formed at every step. The whole experience was dealt with in a very professional manner.

Employment Rights Client, January 2022.

The service we received was exceptional, we were kept in formed at every step. The whole experience was dealt with in a very professional manner.

Employment Rights Client, January 2022

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Employment Rights Client, January 2022

Morrish Solicitors service was excellent. The level of professionalism was exemplary. I would recommend the firm to everyone, due to the standard of service I received. A job well done and thanks so much for helping me through a difficult period and obtaining the best possible outcome.

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Meet the Team

Daniel Kindell

Partner & Head of Employment

David Sorensen

Managing Partner

Paul Scholey

Employment Consultant

Tony Rippon

Associate Solicitor, Employment

Haylee Chambers

Associate Solicitor, Employment

Hanan Hewitson

Employment Solicitor

Omar Ghaffoor

Employment Solicitor

Starr Thompson

Trainee Solicitor

Christina Moore

Trade Union Helpdesk Advisor