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Redundancy Consultation Claims

Stephen Pinder Employment Law Limited acts for clients who are Claimants. We can recover additional money on your behalf.

  • Have you been made redundant?
  • Did your employer fail to consult?

If so you may be able to pursue a protective award claim from the Employment Tribunal for compensation. You may wish to view the information below before completing the our online "Protective Awards Claim Form"

A protective award case is a claim for compensation awarded by an Employment Tribunal when a group of employees have been made redundant and there has been a failure to consult by the employer as required by the relevant legislation.

If you are part of a workforce of 20 or more people made redundant at an establishment without the correct consultation.

A Tribunal may need to make a decision about whether the correct consultation took place,  and you will receive legal advice from us in the course of your case.

The maximum protective award is 90 days of pay (about 13 weeks). However, if your employer is no longer trading and insolvent, you could be entitled to claim up to 8 weeks of pay (capped at £544).  This is treated as arrears of pay by the Employment Tribunal and The Insolvency Service.

This is recovered from the National Insurance Fund, in addition to your redundancy and notice pay.  It is still worth pursuing the claim even if your employer is insolvent and has no assets. 

Any claim must be lodged with ACAS for Early Conciliation within 3 months less 1 day, usually by reference to the date of your dismissal.  This may require specific advice.

After concluding Early Conciliation it will be necessary to pursue the claim in the Employment Tribunal.

If you are a member of a Trade Union, you should contact your union representative immediately.

If you have a viable claim for a protective award, we will act on a No Win - No Fee basis.

There are no hidden costs.  You will only pay our cost if your claim is successful in an Employment Tribunal and you recover compensation, or if a settlement is negotiated.

For example, if our fee for acting was 20% and you are awarded £4,000.00, we would deduct £800.00 for our costs (inclusive of VAT if applicable), with the remaining balance being paid to you by way of compensation, namely £3,200.00.

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Criteria:

  • No consultation concerning the redundancies
  • 20 or more people in the one work establishments
  • No recognised trade union on site

If you meet the above criteria or would like further advice, please do not hesitate to contact us on 0151 309 1527.

Or please complete our online "Protective Awards Claim Form"