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Protective Award Claims

If you are involved in the possible redundancies at BHS or Austin Reed and you need advice about your personal circumstances or a possible protective  award application, please contact EAD for specialist legal advice in this area.

Under legislation dating back to 1992 it is possible to pursue an application in the Employment Tribunal seeking compensation if an employer declares redundancies but does not consult adequately in relation to the redundancy issue. A Tribunal may award up to 90 days gross pay for each affected employee when consultation has not taken place in relation to a proposal to dismiss as redundant 20 or more employees at one establishment.

If you are a member of a Trade Union you must consult with your Union immediately, as you should be represented by the Union, and the claim should be pursued on your behalf by the Union.  Special rules exist when an employer recognises a Trade Union for the purposes of collective bargaining and even if you are not in the Union, you may not be able to pursue the claim yourself.  Legal advice should be taken in such circumstances, and it is important for any Union member to check with their Trade Union urgently if they will be supported in relation to a claim.

If you are made redundant and you believe that your employer has not consulted adequately in relation to the redundancy situation, you should take advice promptly.  Strict time limits apply for pursuing employment law claims and the general time limit is 3 months (less one day) from the date of the redundancy taking effect.  There are claims when redundancies take place over several stages and in such situations, assessment of the correct date for lodging a claim may not be straightforward.  In addition, it is necessary to comply with early conciliation through ACAS and detailed advice about any date to lodge a claim would need to be provided on a case by case basis.

If you are not represented by a Trade Union EAD will act on your behalf on the basis of a no win – no fee agreement, meaning that you would only receive a bill from this firm for payment of legal costs in the event that your claim is successful.  For example, if we recovered compensation for you we would take a fixed percentage of the damages, and if we are not successful, you will pay us nothing.

Pursuing the protective award can sometimes involve complex legal issues and it is always a matter for the individual whether they decide to instruct solicitors.  We will act on your behalf and a claim can be pursued even if your employer has become insolvent.  The Government Statutory Redundancy Payment Office will pay up to a statutory cap of 8 weeks pay per employee in an insolvency situation.

There is a separate legal right to claim compensation if there has been a failure to inform and consult about a TUPE transfer situation.  If you are involved in a TUPE situation and you consider that you may have a claim, please contact EAD for advice.

EAD has pursued many successful claims for a protective award and in some situations we have recovered more than £1,000,000.00 for our clients.  If you are involved in either a small or large redundancy situation, you may be able to pursue a claim and to recover compensation.

Contact EAD for an initial free discussion or interview:-

Tel:     0151 735 1000

Email: stephen.pinder@eadsolicitors.co.uk

 

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