Protective awards

If your employer failed to consult with you about your redundancy, you may be entitled to a Protective Award.

What is a Protective Award?

Have you and your colleagues been made redundant without being consulted with? You may be entitled to a Protective Award.

A Protective Award is an award of compensation for employees who have not been collectively informed and consulted with prior to their redundancy.

Designed to penalise an employer for failing to perform their obligation to consult with their staff, Protective Awards are at the discretion of the Employment Tribunal and can be worth up to 90 days’ gross pay.

 

Find out more

Free 20-minute telephone consultation

We offer a free initial call to anyone who would like to discuss their redundancy and whether they’re eligible for a Protective Award. Our professional, experienced solicitors will contact you at a time that works for you, and give you reliable legal advice on your situation.

It’s completely free, and you could be entitled to hundreds of pounds. Fill out the form below for your free consultation.

We look forward to talking to you.

 

Get your free initial advice now

Protective Award calculator

Fill in the form below to see how much you could claim if you’re eligible for a Protective Award.


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When can I make a Protective Award claim?

You may be eligible if you have been dismissed, or are about to be dismissed as redundant, and your employer has failed to adequately inform and consult with appropriate representatives. You have up to 90 days from the date of the last dismissal to file a claim. You do not need to have been employed for two years in order to bring a claim. If you were represented by a trade union then they must bring the claim on your behalf.

A claim must either be made within three months of the date which the last dismissal takes place.

Before making a claim, you must first go through the ACAS early conciliation process and obtain an Early Conciliation Certificate. This confirms that you have engaged in the Early Conciliation process through ACAS. Therefore, it is important to take action as soon as possible.

Free guide to redundancy and protective awards.

Everything you need to know about Protective Awards, in one place. A legal expert will contact you within 72 hours to offer advice and support with your claim.

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What should your employer do?

Your employer must do the following things when making 20 or more redundancies in the business:

  • Determine with whom they should consult on a collective basis. This is separate to the normal process of consultation with individual employees. If there is a recognised Trade Union, then an employer must consult with union representatives. If there is no recognised Trade Union then an employer can consult with existing representatives appointed or elected by the employees. Crucially, if there is no recognised Trade Union or body of elected or appointed representatives, an employer must take steps to arrange an election for employee representatives with whom it intends to consult.
  • An employer must then provide prescribed information to the appropriate representatives, including the reasons for dismissals, the proposed method of selection for redundancies., the timescale over which redundancies should take place and the proposed method of calculating redundancy payments.
  • Consult with the employee representatives about the proposed redundancies with a view to reaching agreement about avoiding the dismissals, reducing the number of employees to be dismissed and mitigating the consequences of the dismissals. Such consultation must be genuine, meaningful and conscientious. Consultation must take place at least 30 days before the first dismissal takes effect (or 45 days if 100 or more employees are being made redundant).

 

Start a claim against your employer

How much does a Protective Award cost?

Linder Myers works with you on a no-win, no-fee basis, meaning that if we are unable to recover an award on your behalf, there is no fee payable. We offer an extremely competitive service, depending on the complexity of your claim we charge between 10 and 35% of the award.

We also guarantee to match any like for like quote.

Great Defense I came across Amy Salim by chance but what a chance. She got to grips with my case quickly and fully. She took me through my options and strategy and I felt comfortable instantly. Her written communication is second to none. Very powerful writing and litigating skills without having to go to court. She is fierce and I felt I had a real tiger in my corner. She worked with me and all decisions were mine. This was my first experience of settlement agreements and she explained everything plainly and made things simply to follow. I could wax lyrical all day. I would totally recommend Amy to anyone needing an employment lawyer. Thank you Amy I will not forget what you did for me.
Employment

"I engaged Linder Myers to assist me with a very difficult matter relating to unpaid bonuses. Sensitivity was required as I remain employed by the firm that I needed to take action against. Alan could not have been more helpful, efficient, attentive or ultimately effective. The desired outcome was achieved with there being no long term damage to my relationship with my employer. In fact, if anything I now have a stronger relationship. I have no hesitation in recommending Linder Myers."
Employment

"Linder Myers has provided the Company with trusted employment law advice for a number of years. Alan and the team have taken the time to understand our business, how we operate and have provided us with expert advice and support when needed. Easily contactable offering a friendly, reliable and professional service at all times. Highly recommend Alan and Linder Myers." RMS International
Employment

“I have used Linder Myers a number of times for employment and property work and have never been disappointed.
In particular, Alan Lewis in the Employment Department is a most experienced subject expert; friendly but always to the point and unfailingly across the issues. He and the team are always available and demonstrate the flexibility required when dealing with complex issues”. J Baldwin
"Alan Lewis at Linder Myers helped me when I left my previous employer. From managing their legal letters, negotiating on my behalf and protecting me in ways I didn't know I needed protecting, this was all the more remarkable given it all took place during Lockdown 1.
I was kept informed during every stage, and Alan was always at the end of the phone if I needed to call. From start to finish Alan was extremely helpful, friendly and professional, and in honesty, I'm not sure I'd have come out the other side of 2020 had it not been for his help and guidance.
I have already recommended Alan to some contacts and will not hesitate to do so again in the future."

Employment

“Alan and his team dealt with my claim both efficiently and very quickly, they identified the areas where my Employer had been completely unreasonable and made sure that I achieved an equitable and fair solution for the way I have been treated and the stress that this caused.
They are to be highly recommended”

Employment

"I just want to express our thanks on this case. We are both happy with the result which was a bit of a tough nut to crack but you did it.
It is always a pleasure dealing with you and we always get a warm reception and feel supported...My partner nearly had a breakdown on this and felt very low but with your support it carried her through this tough time. We felt very isolated until she had your backing..."


Employment

"Can I just say thank you for your help its great having direct communication with a solicitor rather than a call centre"
Employment

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Employment

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Employment

"Mr Alan Lewis advised me with regards to my application for voluntary severance of my employment. He explained carefully the offer made to me by my employer, and negotiated two improvements to the offer made to me.
I found his attention to detail extraordinary and feel that he looked after my best interests during the whole process. I strongly recommend Mr Alan Lewis as an employment lawyer" E.Marandi

Employment


“Very many thanks to Alan Lewis who represented me in a voluntary redundancy settlement agreement with my employer. He provided a no-nonsense professional service, reassuring me by talking me through the legal jargon and negotiating with my employer on my behalf to get a better settlement agreement."

Employment

“I have been a client of Linder Myers, in its current and former incarnations, for over 30 years – in that time the standard of service which they have provided has never been anything less than outstanding. As my business has expanded over the last few years I have had to deal with some very challenging HR issues – Alan Lewis, head of Employment, has provided consistently first-class, reliable advice, always delivered in the supportive and reassuring manner that was needed."
Employment

"He is as professional as you can get - he is superb."
Employment


"I turned to Alan after he was recommended to me and I couldn’t have been more impressed. Up against an urgent deadline, Alan responded quickly with advice that made all the difference to my redundancy situation. Not only was he responsive, but he also listened and spent time to figure out the best approach for my particular situation. He also explained everything in plain English. I’d recommend anyone who needs a top employment lawyer to contact Alan."

Employment

"I would like to thank you for the prompt and efficient way in which you have dealt with my friend. Redundancy at any age comes as a blow and at his time of life, combined with the health issue, only compounded his dismay. He has told me how pleased he is with the uplift in settlement you secured on his behalf which makes a significant difference to his financial situation."
Employment

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Employment

“Linder Myers has particular expertise in the medical and legal sectors and counts the Medical Defence Shield and the National Association of Retired Police Officers as clients. Alan Lewis and William O’Neill are recommended.”
Employment

"Just a quick note to say thank you for helping me in my dispute. I couldn’t have had a successful outcome without your help. It was very much appreciated. Thank you so very much."
Employment

"Team head Alan Lewis is ‘excellent’, and has ‘a down-to-earth approach."
Employment

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Employment

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Employment

"I contacted Alan at Linder Myers in relation to my compromise agreement with a Greater Manchester Police. From the initial contact I received a very prompt, friendly and professional service, being kept up to date every step of the way. Upon meeting Alan the day after our first communication, he was very friendly and thorough. In essence I would recommend Alan to anyone in the same position as I was if you want a friendly professional service." Martin Williamson
Employment

“Alan Lewis has provided employment law support to our Company for a number of years. He has made it his business to understand the nuances of our work environment and culture and the advice he gives is practical and within context for our business. He is a great sounding board and always provides relevant and meaningful case law examples to help us find the right solution for us.” Helen Christie, Rayburn Trading Limited
Employment

“I used the Law Society website to contact a number recommended solicitors and Alan Lewis was quick to respond, I was comfortable immediately that he was the right choice. He was able to explain my legal position clearly as well as showing compassion for my personal situation which gave me the confidence to tackle my case with my employer. As the case unravelled it became more complicated but Alan was able to engage members of his team resulting in a settlement at the maximum level. I am grateful to Alan and his team for being immediately available throughout and the professional way they conducted themselves, I would not hesitate to recommend their service.”
Employment

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Employment

“He is an amazing lawyer whose phone is on all the time!”
Employment

“He has provided us with first-class support. We have always found his advice to be clear and concise.”
Employment

"I would like to give a personal thank you to all the staff who had involvement with this case and the professional approach in which has been dealt with. The Tribunal was a day I will remember for the rest of my life. The professionalism shown by the appointed barrister was outstanding, as has been all the efforts leading up to the grand finale. The other solicitor never stood a chance, I watched in disbelief as he was systematically torn to pieces in what I can only describe as a comedy show. If this scene was ever to be put on stage I would pay to go and see it again, it really was quality. Once again Linder Myers have been 100% successful in winning the case for me, and I am very happy with the financial outcome. Once again Alan, thank you for everything." Neil Goldsmith
Employment

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Employment

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Employment

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Employment

"Thank you for the way you dealt with [my] claim for unfair dismissal. I would highly recommend you in the future for your efficiency, promptness and compassion."
Employment

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Employment

“Alan has provided the RMS business with a first class support on all aspects of our HR requirements for very many years. We have always found his advice to be clear and concise and provided with a thorough understanding of RMS and its objectives. Alan has successfully defended Employment Tribunal claims, protected the business in matters related to grievances & redundancies and given good quality support service to our in-house HR, exactly what our business needs and relies upon.” Jon Hammond - RMS International PLC - Group Finance Director
Employment

"The employment team at Linder Myers LLP is headed by Alan Lewis who has considerable experience and a good grasp of the commercial realities of respondent litigation."
Employment

Able to speak informally to a solicitor who provided guidance for work related problems.
Employment

I required a solicitor at short notice when I was made redundant. Emma was brilliant. At very short notice she responded to my email, supported and advised me, and turned around the documents to meet the company’s deadline. She even rang me on her day off to ask if I had any issues with the issues she had highlighted in our email exchange. Excellent service.
Employment

I needed to update my will and my daughter advised me to speak to Emma Channon. Even with all the COVID restrictions it was a pleasure to meet Emma and get advice on my will. I was kept informed and appointments were made for me to go into the office to sign the paperwork. Emma and Catherine were both very professional but also very friendly and put me at ease.
Employment

I made contact with Linder Myers in regard to an employment law matter and the service I received has been first class throughout. The help and advice given has been Invaluable in helping me through the first stages of my case.
Employment

I engaged Ben Williams at Linder Myers recently to assist me in an employment contract matter to discuss and approve a settlement agreement, Ben provided me with some excellent advice and helped me negotiate some important amendments to the agreement. I have to say Ben's attention to detail was exceptional and I wouldn't hesitate in recommending his work.
Employment

I’ve had a great experience working with two brilliant solicitors at Linder Myers on a personal case. They were kind, transparent and efficient and I managed to get the outcome I desired. I would definitely recommend them to friends and family.
Employment

Ben was fantastic to work with from start to finish when assisting on an employment issue recently. He enabled the deadline to be hit through his quick yet thorough email correspondence and explained all technical queries with confidence. I would highly recommend.
Employment

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