Why Instruct a Solicitor for a Protective Award Claim?

Why Instruct a Solicitor to Pursue a Protective Award Claim Instead of Litigating the Matter Yourself or via a Group?

Protective awards are a legal remedy in employment law designed to compensate employees when their employer fails to consult them properly in cases of collective redundancies or the transfer of a business. These claims can be complex, time-consuming, and fraught with legal intricacies. When facing the prospect of pursuing a protective award claim, the question often arises: "Should I instruct a solicitor to handle this matter, or can I handle it myself or through a group of employees?" This article explores the reasons why instructing a solicitor is usually the better choice.

Legal Expertise in Protective Awards

One of the primary reasons to hire a solicitor for a protective award claim is their legal expertise. Employment law is a specialised field with a constantly evolving legal landscape. Solicitors are trained to navigate the complexities of this area, ensuring that you have the best chance of success. Attempting to handle such a claim without legal expertise can lead to costly mistakes and missed opportunities.

Case Assessment

A solicitor can assess the strength of your protective award claim objectively. They will consider the facts, relevant laws, and precedents to determine the likelihood of success. This assessment is crucial because it helps you make an informed decision about pursuing the claim. In contrast, attempting to self-litigate or relying on a group may lead to misguided optimism or unnecessary conflicts

Following Procedural Compliance for a Protective Award

Navigating the procedural requirements for a protective award claim can be challenging. Solicitors understand the intricate details of the process, ensuring that your claim adheres to all necessary legal procedures. Failing to do so can result in delays or even the dismissal of your claim.

Advocacy and Negotiation

Solicitors are skilled advocates who can represent your interests effectively, whether in negotiations or in court. They can engage with the other party on your behalf and work to secure the best possible outcome. Relying on a group of employees who may lack the necessary negotiation skills and legal knowledge, can weaken your position in negotiations.

Time and Stress

Pursuing a protective award claim can be a lengthy and stressful process. It can take years to resolve, during which you may need to juggle other personal and professional responsibilities. Engaging a solicitor can significantly reduce the time and emotional stress associated with handling the claim on your own.

Cost-Efficiency

While it may seem counterintuitive, hiring a solicitor can often be cost-effective in the long run. They can help you maximise the compensation you receive and prevent costly mistakes. In contrast, self-litigation or group representation may result in lower awards or even the complete failure of the claim, which could be more expensive in terms of lost earnings.

Legal Resources

Solicitors have access to extensive legal resources, including research materials, databases, and connections with other legal professionals. These resources can be invaluable when building a robust case for your protective award claim.

Conclusion

In summary, when faced with the prospect of pursuing a protective award claim, instructing a solicitor is a prudent choice. Their legal expertise, case assessment skills, procedural knowledge, advocacy and negotiation abilities, and access to resources make them invaluable allies in securing the compensation you deserve. While it may be tempting to handle the matter on your own or through a group, the potential risks, costs, and complications associated with self-litigation often make it a less favourable option. Hiring a solicitor can help ensure that your protective award claim proceeds smoothly and successfully.