protective award

FGdsa21

When people are awarded 90 days protective award by a tribunal but the company is in administration/insolvent is the award capped at 8 weeks by the government?
Also what deductions are taken from any award?

superbigal36

Yes
And any of those 8 weeks already paid are deducted.
Ie If you are under 40 with 5 years service and had already had 5 weeks in payment you would get another 3 weeks.

FGdsa21

agree with 8 weeks cap.
but surely your response on the second point cannot be correct, the reason being if someone has been with the company over 8 years they would get nothing from a protective award.

superbigal36

You are correct they would get nothing extra.
The govt is bailing out the failed company already.
To expect it to pay out more because the Administrators abuse the law by laying off people without consultation is a side issue. Their job is primarily to keep the business going if possible and they often do bypass regulations. I often wonder why the govt does not penalise the administrators who break the law. The money they receive as a result of failing businesses is frightening.
As you have established however once a protective award is in place the Govt will pay out up to 8 Weeks times the Cap minus the weeks already paid out via the RP1 claim.
I benefited to the tune of about 5 weeks myself a number of years ago when I went to tribunal after being laid of with over 20 others in an administration situation.
I was extremely popular because i asked the judge to extend the award to all affected even though i was the sole claimant. Still got some of the "presents" from colleagues in my booze cupboard.
It was free back then (2010 I think) to go to ET.