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Protective award queries

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  • ros1eh
    ros1eh Posts: 2 Newbie
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    Reggie01 - Thanks so much, thats all really helpful
  • Vr1971
    Vr1971 Posts: 4 Newbie
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    Hi all
    Recently made redundant with no consultation as others.  I have started the process on behalf of a group of 6 of us to go to the industrial tribunal and claim our protective award. The company we worked for is insolvent and in the hands of administrators. I know therefore its only 8 weeks pay we can get.  I have a few questions and would be everso grateful if someone could help. 
    1. I have contacted ACAS and have the MU certificate number.  I am slightly confused on that as in annex 1 they only put the other 5 people's names and addresses and not mine!!  Is that because as lead claimant its automatic?  Anyone know?  
    2. If you get a new job (I am fortunate that I have) can I still claim the protective award and will I get the payout?  The notes seem to say that when its insolvency its capped at 8 weeks and any benefits claimed are taken off...but what about a new job monies?
    3. The unhelpful ACAS lady told me I have to do an ET1 form by hand but it looks to me like we can do online and save as I go?
    4. The online claim has a question Do you have someone who’s agreed to represent you (eg by handling correspondence)?  Do I put my details in there?
    5.  Reading your previous helpful advise - I need to put the company as respondent 1 and 
    "The Secretary of State for Business, Energy and Industrial Strategy as the 2nd.  Do I put the Administrator as a 3rd?  
    6.  Do I have to tell the administrator we are doing this?  Querying as obviously it comes out the IP fund
    Sorry so many questions - all help appreciated!!
    Thank you
  • Reggie01
    Reggie01 Posts: 31 Forumite
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    Vr1971 said:
    Hi all
    Recently made redundant with no consultation as others.  I have started the process on behalf of a group of 6 of us to go to the industrial tribunal and claim our protective award. The company we worked for is insolvent and in the hands of administrators. I know therefore its only 8 weeks pay we can get.  I have a few questions and would be everso grateful if someone could help. 
    1. I have contacted ACAS and have the MU certificate number.  I am slightly confused on that as in annex 1 they only put the other 5 people's names and addresses and not mine!!  Is that because as lead claimant its automatic?  Anyone know?  

    As a single claimant the certificate I was issued has my name and address listed as prospective claimant at the top left on page 1. Is yours not the same?

    2. If you get a new job (I am fortunate that I have) can I still claim the protective award and will I get the payout?  The notes seem to say that when its insolvency its capped at 8 weeks and any benefits claimed are taken off...but what about a new job monies?

    Makes no difference. You could get a job the next day and it won't impact the amount you are entitled to. If , for example you have already been paid 1 week from the insolvency service for arrears of pay then you'll only get paid 7 weeks. You still claim 90 days payment award though.

    3. The unhelpful ACAS lady told me I have to do an ET1 form by hand but it looks to me like we can do online and save as I go?

    I completed it as an individual and online. Looking at gov.uk (/government/publications/make-a-claim-with-others-to-an-employment-tribunal-form-et1a) it appears you can. Hopefully someone else can confirm.

    4. The online claim has a question Do you have someone who’s agreed to represent you (eg by handling correspondence)?  Do I put my details in there?

    I left it blank as I was dealing with it myself.

    5.  Reading your previous helpful advise - I need to put the company as respondent 1 and "The Secretary of State for Business, Energy and Industrial Strategy as the 2nd.  Do I put the Administrator as a 3rd?  

    No. The administrator will act as your Employer that is in administration.

    6.  Do I have to tell the administrator we are doing this?  Querying as obviously it comes out the IP fund
    Sorry so many questions - all help appreciated!!

    Yes, you are supposed to get the administrators consent, but nobody ever asked me for evidence of their consent. I asked the Tribunal office about this and they said not to send a copy of the consent to them unless the Tribunal asked for it. Here's the administrators consent reply

    "The Joint Administrators consent to the claim proceeding with the Employment Tribunal but please note the following:

    • The giving of consent is not an admission that any contracts of employment were adopted by the Joint Administrators; and
    • That any successful award made by the Employment Tribunal will rank as an unsecured claim against the Company."
    The money is actually paid by the Redundancy Payment Service and claimed back by them from the administrators fund. If there is insufficient funds then you'll still get your 8 weeks minus the arrears of pay you've already been paid. 

    Thank you
    Hope that helps.
  • Vr1971
    Vr1971 Posts: 4 Newbie
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    Reggie01 said:
    Vr1971 says (responding with more queries (sorry) to your most helpful responses.  Putting a ** beside my new bits and in bold!!
    ******************
    As a single claimant the certificate I was issued has my name and address listed as prospective claimant at the top left on page 1. Is yours not the same?
    ** No - for some reason the top bit says "Prospective Claimants Riches & Ors (names/addresses of all prospective claimants appended at Annex 1)".  I will have to ring ACAS again on Monday using my entire lunch break to chase - ugh!!  Probably fine - but its just weird!

    Makes no difference. You could get a job the next day and it won't impact the amount you are entitled to. If , for example you have already been paid 1 week from the insolvency service for arrears of pay then you'll only get paid 7 weeks. You still claim 90 days payment award though.
    ** Ok - thank you!!  I was concerned I was putting all this effort in and they would say "sod off - you have a new job"!!  My key argument on that is I have lost my 2 years continued service for a company and its shaky ground the first 2 years anywhere with no rights!!

    I completed it as an individual and online. Looking at gov.uk (/government/publications/make-a-claim-with-others-to-an-employment-tribunal-form-et1a) it appears you can. Hopefully someone else can confirm.
    ** Thanks - have found you can add other claimants so yes ok

    I left it blank as I was dealing with it myself.
    ** Great - yes - I will do same

    No. The administrator will act as your Employer that is in administration.
    ** So do I have to put the administrator on it as a respondee or do you mean that they will be sent the claim anyway?
    ** And what address did you put for the secretary of state as appears that you have to put an address for respondees??  
    Final questions
    ** My employer has set up a new business under a different company he owned doing the same things and with just a 2 week gap to avoid TUPE.  Should I put his NEW company down as a respondee too??  Like - its all so wrong!!!  He had the money and wouldn't pay us!!
    ** What number did you call for the industrial tribunal helpline?  Did you just literally ring the 0300 123 1024 number and were they as unhelpful and ill informed as ACAS?
    ** When I move through the form do I get to write chapter and verse on why we are entitled as no consultation?
    Hope that helps.
    Thank you so much for your help!  I really really appreciate it!!  Hopefully these will be my last questions!  :)
  • Vr1971
    Vr1971 Posts: 4 Newbie
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    Vr1971 says (responding with more queries (sorry) to your most helpful responses.  Putting a ** beside my new bits and in bold!!
    ******************
    As a single claimant the certificate I was issued has my name and address listed as prospective claimant at the top left on page 1. Is yours not the same?
    ** No - for some reason the top bit says "Prospective Claimants Riches & Ors (names/addresses of all prospective claimants appended at Annex 1)".  I will have to ring ACAS again on Monday using my entire lunch break to chase - ugh!!  Probably fine - but its just weird!

    Makes no difference. You could get a job the next day and it won't impact the amount you are entitled to. If , for example you have already been paid 1 week from the insolvency service for arrears of pay then you'll only get paid 7 weeks. You still claim 90 days payment award though.
    ** Ok - thank you!!  I was concerned I was putting all this effort in and they would say "sod off - you have a new job"!!  My key argument on that is I have lost my 2 years continued service for a company and its shaky ground the first 2 years anywhere with no rights!!

    I completed it as an individual and online. Looking at gov.uk (/government/publications/make-a-claim-with-others-to-an-employment-tribunal-form-et1a) it appears you can. Hopefully someone else can confirm.
    ** Thanks - have found you can add other claimants so yes ok

    I left it blank as I was dealing with it myself.
    ** Great - yes - I will do same

    No. The administrator will act as your Employer that is in administration.
    ** So do I have to put the administrator on it as a respondee or do you mean that they will be sent the claim anyway?
    ** And what address did you put for the secretary of state as appears that you have to put an address for respondees??  
    Final questions
    ** My employer has set up a new business under a different company he owned doing the same things and with just a 2 week gap to avoid TUPE.  Should I put his NEW company down as a respondee too??  Like - its all so wrong!!!  He had the money and wouldn't pay us!!
    ** What number did you call for the industrial tribunal helpline?  Did you just literally ring the 0300 123 1024 number and were they as unhelpful and ill informed as ACAS?
    ** When I move through the form do I get to write chapter and verse on why we are entitled as no consultation?
    Not sure if this has posted twice - my first reply didn't seem to post!!  But - all help appreciated and thank you SO much for your help!!
  • Reggie01
    Reggie01 Posts: 31 Forumite
    First Anniversary First Post
    edited 5 July 2020 at 12:43AM
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    Vr1971 said:
    Vr1971 says (responding with more queries (sorry) to your most helpful responses.  Putting a ** beside my new bits and in bold!!
    No worries. Responses in italic.
    ******************
    As a single claimant the certificate I was issued has my name and address listed as prospective claimant at the top left on page 1. Is yours not the same?
    ** No - for some reason the top bit says "Prospective Claimants Riches & Ors (names/addresses of all prospective claimants appended at Annex 1)".  I will have to ring ACAS again on Monday using my entire lunch break to chase - ugh!!  Probably fine - but its just weird!

    Hope you manage to get it cleared up.


    Makes no difference. You could get a job the next day and it won't impact the amount you are entitled to. If , for example you have already been paid 1 week from the insolvency service for arrears of pay then you'll only get paid 7 weeks. You still claim 90 days payment award though.
    ** Ok - thank you!!  I was concerned I was putting all this effort in and they would say "sod off - you have a new job"!!  My key argument on that is I have lost my 2 years continued service for a company and its shaky ground the first 2 years anywhere with no rights!!

    No they don't care. 

    I completed it as an individual and online. Looking at gov.uk (/government/publications/make-a-claim-with-others-to-an-employment-tribunal-form-et1a) it appears you can. Hopefully someone else can confirm.
    ** Thanks - have found you can add other claimants so yes ok

    I left it blank as I was dealing with it myself.
    ** Great - yes - I will do same

    No. The administrator will act as your Employer that is in administration.
    ** So do I have to put the administrator on it as a respondee or do you mean that they will be sent the claim anyway?

    No. Do not put the administrator down as a responder. The administrators will receive a copy of the claim. You will probably find if you go onto Companies House website that the address of your old company has changed to the administrators address. The administrators are highly unlikely to contest it as they won't have a leg to stand on.

    ** And what address did you put for the secretary of state as appears that you have to put an address for respondees??  

    I left the address blank. But here's the address from the response;

    Secretary of State for Business, Energy & Industrial Strategy
    Quality Assurance & Tribunal'sTeam
    PO Box 16684
    Birmingham
    West Midlands
    B2 2EF

    Final questions
    ** My employer has set up a new business under a different company he owned doing the same things and with just a 2 week gap to avoid TUPE.  Should I put his NEW company down as a respondee too??  Like - its all so wrong!!!  He had the money and wouldn't pay us!!

    No. It sounds morally wrong what your old employer has done, but I think this will just confuse matters if you put it on the form.

    ** What number did you call for the industrial tribunal helpline?  Did you just literally ring the 0300 123 1024 number and were they as unhelpful and ill informed as ACAS?

    No. I phoned the local tribunal office (which you can find after Gov.uk /guidance/employment-tribunal-offices-and-venues). It says on the emails they can only provide procedural advise. I found them helpful whenever I spoke to them, but they do make it clear that they cannot give legal advice.


    ** When I move through the form do I get to write chapter and verse on why we are entitled as no consultation?

    Here is what I wrote;

    Under 4.1 “Compensation because I was dismissed unfairly; there was not a consultation about the redundancy (‘protective award’)”.

    Under 8.1; The box “I am making another type of claim which the Employment Tribunal can deal with.” should be ticked. The additional information should state “I am seeking Compensation because I was dismissed unfairly; there was not a consultation about the redundancy (‘protective award’)”.

    Under 8.2 (the [  ] are details specific to me) "My employer [insert name] (company number [insert]) (Registered office address changed from [the pre- administration  address] on [date changed according to Companies House]), whom I was employed by, entered administration (while I was still an employee) on [insert date]. I was immediately made redundant and dismissed on [same date]. The company employed well over 20 people who were dismissed, and made redundant on [insert date]. This was grossly unfair as the company failed to inform and consult appropriately about 20 or more dismissals in a 30 day period about the redundancy. I am seeking the Protective Award, which I understand I am entitled to
    ."

    Under 9.1 tick Compensation

    Under 9.2 "90 day payment award"

    Not sure if this has posted twice - my first reply didn't seem to post!!  But - all help appreciated and thank you SO much for your help!!

    You are welcome. I wish there had been  clearer and easier to find guidance available when  I was submitting. I hope it all works out for you.

  • Vr1971
    Vr1971 Posts: 4 Newbie
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    Reggie01 said:
    Vr1971 said:
    Me again!!
    1 - Did you put your pay/benefits etc?  It says optional and am tempted to leave blank as don't see what business it is of theirs?  Plus - I believe in insolvency its like all things - capped at £538 a week anyway?
    2 - Did you tick new job box?
    3 - Is this right?

    Claim type

    Type(s)Unfair dismissal (including constructive dismissal)
    Protective Award
    Other payments
    Thank you for advise!
  • Reggie01
    Reggie01 Posts: 31 Forumite
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    Reggie01 said:
    Vr1971 said:
    Me again!!
    1 - Did you put your pay/benefits etc?  It says optional and am tempted to leave blank as don't see what business it is of theirs?  
    Yes I put it all in. 
    The pay from your employer now in administration is in case you earned under £538 per week, as it is capped at £538 per week. If for example you only earnt £500 per week you'd get £500 per week.
    I don't think the new pay rate is relevant to the protective award, but I filled it in anyway.
    The benefits (and any they believe you were entitled to but didn't take) are as far as I know taken off what you would otherwise be due.
    Plus - I believe in insolvency its like all things - capped at £538 a week anyway?
    Yes it is.
    2 - Did you tick new job box?
    Yes, but as above I don't think it has any relevant to the protective award claim.
    3 - Is this right?

    Claim type

    Type(s)Unfair dismissal (including constructive dismissal)
    Protective Award
    Other payments
    Just looked  at the latest form on the Gov website. I believe you are referring to 8.1? If so see above 
    Thank you for advise!
    You are welcome 😊
  • gribbles81
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    I am applying for a Protective Award after my employer went into administration, and did not follow the correct redundancy procedure. I have received this form today to fill in. I have received my arrears (4 weeks), statutory redundancy & notice pay already. What part of the form does protective award come under and do I have to list everything I was due; and then everything I have already received? Or just the amount of the protective award (4weeks wages)? 
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