Know your rights.. Redundancy

21st January 2015 Employment

What can I claim if the Company I worked for has gone into administration and dismissed me?

  • Notice Pay
  • Redundancy Pay
  • A Protective Award (to compensate you for the company's failure to consult with you prior to making you redundant)

What is each claim worth?

  • Notice Pay One week's pay for each year you were employed (maximum 12 weeks' pay)
  • Redundancy Pay between one and one and a half weeks' pay for each year you were employed (maximum 20 weeks' pay)
  • A Protective Award up to 90 days' pay

Who can make these claims?

  • You have to be an employee to be entitled to the above claims
  • You have to have been employed for a minimum of one month to claim Notice Pay
  • You have to have been employed for a minimum of two years to claim Redundancy Pay
  • There is no minimum term of employment to claim the Protective Award
  • You can claim a Protective Award even if you cannot claim Notice Pay and Redundancy Pay
  • You do not need to be a trade Union Member to make a claim

How do I make these claims?

  • You can claim Notice Pay and Redundancy Pay by submitting an RP1 form to the Insolvency Service easy!
  • You must obtain an Employment Tribunal Judgment to claim the Protective Award don't worry we can help
  • Please note: all Employment Tribunal claim forms must be lodged with the Tribunal within three calendar months less a day from your date of dismissal

Can I still claim the Protective Award if I have already claimed Notice Pay and Redundancy?

  • Yes, absolutely!

Will I have to spend lots of money to recover the Protective Award because I have to obtain Judgment in the Employment Tribunal?

  • No - we are happy to work on a "No Win, No Fee" basis because we understand that paying for legal advice when you have been dismissed is very difficult
  • A "No Win, No Fee" agreement means we only get paid if you are successful
  • If you lose, you do not pay us a penny!

Contact JMW Solicitors for quick and clear legal advice: 0845 241 7976.

 

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Paul Chamberlain is a Head of Department located in Manchesterin our Employment department

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