Protective Award Solicitors

When proposing to dismiss more than 20 employees as redundant at one location, an employer has a legal obligation to collectively consult with a recognised trade union or elected employee representatives. An employer must still comply with this obligation if they enter in to administration, liquidation or become insolvent. If they don't, the employees may be eligible to make a Protective Award Claim.

Legal help with collective redundancies - Protective Award Claim

An employer has various legal obligations during a redundancy situation. This are particularly onerous during a collective redundancy.

Some assume that if the business is closing down, the staff can be dismissed and there is no need to follow the formal redundancy process. However, this is not true. Employers must collectively consult with a recognised trade union or elected employee representative, even if the company is entering administration, liquidation or is insolvent.

If an employer fails to discharge their legal duties, former employees will be eligible to pursue a protective award. If their claim is successful, an employment tribunal could award each individual up to 90 days’ pay. This could prove to be very expensive, particularly where a large number of staff have been let go. It is therefore essential that you take legal advice, before job cuts are made.

How can we help?

At Aticus Law, our specialist employment law solicitors guide employers through collective redundancies. We can outline your legal duties and advise you during each stage of the process. This safeguards your business from future protective award claims, something which will no doubt be very important, especially if the company is already facing financial difficulties.

If an employee (or a group of employees) pursues a protective award claim, then we are on hand to provide professional advice. We can examine the business’ actions, explaining whether the correct processes were followed. If it is possible to defend the claim, we can represent the company during proceedings at an employment tribunal.