Will ACAS Do My Protective Award Claim For Free?

In short, No. ACAS have a technical role in dealing with the initial steps of the process – which is called early conciliation, but they do not lodge Tribunal claims for claimants or deal with Employment Tribunal claims on their behalf.

Who are ACAS?

ACAS (Advisory, Conciliation, and Arbitration Service) is a public body that works with millions of employers and workers every year to enhance workplace interactions. Employees and employers who are involved in a workplace dispute may benefit from the mediation services provided by ACAS.

Before any claim can be brought before an Employment Tribunal, the Claimant must start the early conciliation procedure, which ACAS assists. When a company is in administration early conciliation ends immediately, no active steps are taken by ACAS to resolve the dispute.

In the case of bringing a claim before an Employment Tribunal, after conducting early conciliation, ACAS would not assist the Claimant in drafting and lodging the Employment Tribunal claim. ACAS would also not assist in running the Tribunal claim, which is the matter for the Claimant as an individual or their legal representative.

What is the Protective Award Process?

When attempting to get a Protective Award, there are many processes that must be followed. Following your redundancy, ACAS would be notified by your legal representative that there is a claim to be pursued, and the early conciliation would be concluded as soon as possible.

Once the early conciliation certificates are granted, your representative would submit a claim with the Employment Tribunal on your behalf. The administrators would also be notified that a claim has been filed to the Employment Tribunal on your behalf. It is also possible that the administration team may file a defence as to why you should not be entitled to the award or that they may choose not to submit any correspondence to the Employment Tribunal.

The legal representative would next comply with the case management orders, ensuring that your case is litigated in accordance with the proper procedure. In some instances, this may involve filing for a default judgement or even appearing in person on the day of the hearing to represent and advocate for on your behalf.

If your company is in administration and has neglected to notify and communicate with you before laying you off, our Solicitors have a proven track record of obtaining compensation for you.

How much will it cost?

We are likely to represent you under a 'damages-based agreement,' which means that if your case is unsuccessful, you will not be charged a fee for our services.

If you have been forced to leave your job as a result of redundancy following administration then speak to our redundancy solicitors for more help.