Who pays a Protective award

wrlfc

At the end of april 2009 I was made redundant (with 30 other people).
The firm which was a limited company ceased trading on the 27/04/09 and we were all informed that we had been made redundant immediately.
later that week when we collected our last wage packet we were asked to fill in a redundancy claim form because our employer said he could not pay us.

After having heard nothing for about 6 weeks I Phoned the insolvency service to enquire about my claim and was informed that I wasn`t entitled to anything because my employer was not insolvent and that he had just ceased trading,after getting over my initial shock I was advised by the insolvency service that the best way to get my money what was owed to me was to take my employer to an employment tribunal.This I did.
However at the end of july I received a phone call from the insolvency service to inform me that my former employer had just declared the company insolvent and that they would now process my claim for monies owing to me.

Within 3 weeks I received everything that I thought I was owed (2 weeks notice pay, 3 weeks redundancy pay and 9 days holiday pay). I therefore thought that the employment tribunal would be cancelled and that would be the end of it (I`m so glad I was wrong).

At the back end of november I received a letter from the employment tribunal office that a hearing had been set for 09/12/09 at their Liverpool office along with 3 other exemployees who had done the same thing as me.

As I`m not working yet I decided to attend, even though I thought it was a waste of time as I had already been paidout.

At the hearing my exemployer didn`t turn up and my 3 former workmates were represented by a barrister. My former workmates were called to give evidence before me, and all received a Protective award ,which I hadn`t even heard of before then, and an award for having no contract of employment.

when I was called up I was asked if I had received any payments to which I replied I had,I was then asked what was I claiming for as there was nothing on the claim form apart from what I had already been paid,so after what I had heard from the previous witnesses I asked for a protective award and for having no contract of employment.The chairwoman of the tribunal then asked if I would like to make this request an amendment to my claim to which I replied yes.After a short discussion with the other 2 tribunal judges it was agreed that this would be allowed.

The outcome of this was that I was awarded a protective award of £4770 and an award of £1320 for not having a contract of employment, a toal of £6090.
To say I was stunned would be a massive understatement,I was in two minds whether to go or not.

However,to what what the title of this thread is called,I have been trying for the last 2 days to find out who I will get this money off. If it is from my exemployer I don`t think I stand any chance of getting it and was wandering if any more knowledgeable people on this forum than me know the answer.
Sorry this thread`s so long but I wanted to tell everyone.

Regards

delboy07

A correspondent wrote in to state he'd been made redundant by his company on 27-04-2009 and was later granted the Protective Award, at a Liverpool Tribunal Office, on 09-12-2009.

Could anyone give me more details of this please ([EMAIL="derekhall3@sky.com"]derekhall3@sky.com[/EMAIL]) as it was outwith the 3 months time to allegedly claim this entitlement - although it was still granted.

My wife and 3 of her colleagues are in a similar boat as the original writer and would like to use this case as a precedent.

Thanks

Errata

What are protective awards?

Before making 20 or more employees redundant, employers have to consult in good time with any independent trade union which is recognised for collective bargaining or, where no union is recognised, with elected representatives. The consultation must be at least 90 days where it is proposed to make 100 or more employees redundant or 30 days where there are 29-99 employees. Appropriate information must be provided to the union and the employer has to consult with a view to reaching an agreement. If the employer fails to do so, the union can apply for a “protective award”. This is anything up to 90 days pay, according to the circumstances, for each employee affected. The time limit for these claims is normally 3 months from the date the dismissals take effect

boltongirl1

If a claim is made and is successfull the payments are met by the government less any payments received from a new employer or from the benefits agency for the period the award was made for.
So if you are awarded 30 days any payments you received in those first 30 days will be subtracted and you will receive the balance.

wheresmymoney?_2

Can anybody tell me if I was made redundant with no notice but started working again straight away would I still receive the protective award?