Who is eligible for a Protective Award?
If you were one of the employees who were laid off without a proper collective consultation, you might be able to get a Protective Award.
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You might have heard about something called a Protective Award and wondered, "What's that?" or "Can I get one?" No worries! We're going to explain it all in this article. And we're going to do it in a way that's simple and easy to understand.
So, what's a Protective Award?
It's a type of payment that can be made to employees (or employees) by their company if the company hasn't done things the right way before laying off a lot of people at the same time.
In the UK, there are rules companies have to follow if they plan to lay off 20 or more employees from the same place within 90 days. One of these rules is that they have to hold a meeting with the employees or their representatives. This could be a union or a employees' group. This meeting is called a "collective consultation."
The idea behind the collective consultation is that it's a chance for employees to talk about the layoffs with the company. They can ask questions, voice concerns, and even propose different ways to save jobs or reduce the impact of layoffs. It's all about making sure employees have a say in what's happening.
But what if a company doesn't hold this meeting? Or what if they do hold it, but they don't do it properly? That's where a Protective Award comes in. It's a way of saying, "You didn't do the right thing, and now you need to make it up to your employees."
So, who can get a Protective Award?
If you were one of the employees who were laid off without a proper collective consultation, you might be able to get a Protective Award. This is true whether you're a full-time worker, a part-time worker, or if you were on a short-term or fixed-term contract.
But it's important to remember that a Protective Award isn't automatically given out. If you think you might be eligible for a Protective Award, you have to apply for it. You do this by making a claim at an Employment Tribunal, which is a special court that handles work-related disputes.
At the tribunal, you'll need to explain your situation and show evidence that your company didn't hold a proper collective consultation. You'll also need to apply within a certain deadline. You must make your claim within three months minus one day from when you were laid off.
Claiming a Protective Award might seem daunting, but there are people who can help. Legal advisers, trade unions, and worker support groups can offer advice and help you through the process.
In conclusion, a Protective Award is there to help employees when a company hasn't followed the rules around large-scale layoffs. If you find yourself in this situation, don't be afraid to seek advice and stand up for your rights. You work hard, and it's only fair that you're treated properly, even in tough situations like layoffs. Now that you know about Protective Awards, you're better equipped to navigate the world of work.