Successful Protective Award Claim for Bardsley Construction Employees
Morrish Solicitors win 90-day protective award for ex-Bardsley Construction Staff
After a lengthy legal battle, over 80 employees made redundant from Manchester-based Bardsley Construction when the business collapsed in December 2019 have now won their Employment Tribunal claims for a protective award.
Bardsley had been suffering financial difficulties, losing revenue of approximately £3.2 million over 2018. In early 2019, it faced serious cashflow issues and struggled to secure early tenders to assist its financial position. The business wasn’t able to recover.
As a result, over 200 staff lost their jobs just 5 days before Christmas day, without any prior notice or consultation.
Before making those redundancies, Bardsley should have engaged in an information and redundancy consultation process. The failure to do so means that 81 of those ex-employees are entitled to what is called “Protective Award” compensation. Morrish Solicitors, the leading protective award law firm, pursued the legal action.
Claims have now been made to the Redundancy Payments Service (RPS), part of the Government’s Insolvency Service, which guarantees some of the debt owed to them from the National Insurance Fund.
Our Deputy Head of Employment, Daniel Kindell who represented the group said, “We are delighted to have been able to secure the best possible result in this case for our clients. To be made redundant at all is a very stressful experience for anyone, but the feeling of being made redundant just 5 days before Christmas, without any prior warning along with hundreds of others is unfathomable.
Unfortunately, time and again I see consultation obligations flouted in cases of insolvency, leaving staff unemployed at the drop of a hat. It is our job to make sure people realise that something can be done about it and that it mustn’t go unchallenged.
I hope the judgment and compensation recovered provides at least some sense of justice and closure.”
The RPS guarantees up to a maximum of 8 weeks’ pay towards a protective award judgment. Redundancy pay, arrears of holiday pay and notice pay can also be claimed, however, to secure protective award compensation an Employment Tribunal claim must be successfully pursued.
Protective Award Claims
Morrish Solicitors has represented thousands of people affected by insolvency and specialises in these types of claims. They are complex and misunderstood. It is therefore essential to secure legal advice and representation for the best chance of success.
If you are one of 20 or more employees who have been made redundant without consultation, please contact us on 033 3344 9603 or simply email [email protected].
