Information for ex-employees of Border Cars24th September 2019
Protective Award for Lack of Consultation Period prior to Redundancy
Ex-employees of Borders Cars were not consulted on their redundancy. If 100 or more people are being made redundant, group consultation meetings must start at least 45 days before anyone’s job ends.
We understand that ERA Solutions, who are handling the staff issues on behalf of the joint administrators, BDO Glasgow, have advised staff that they should make a claim to ACAS Early Conciliation. It may be that most, if not all, of the staff have done so.
If they have, they will have been issued with an Early Conciliation Certificate. Using the number on this certificate, they should make a claim to employment tribunal. A claim can be made online or on paper. Google “employment tribunal – make a claim” to find the relevant paperwork.
The form is a relatively straightforward, factual one. Ex employees will need their basic employment information (including start date, end date, job title, and pay before and after tax).
As Border Cars went into Administration on 10 July 2019, claims to Employment Tribunal must be made before 9 October 2019.
If ex employees have not already applied for an early conciliation certificate, they can find this online by Googling “ACAS early conciliation”. This form should be completed and submitted as soon as possible – and certainly before 9 October 2019.
Following this process, ACAS will issue a certificate and ex employees should submit an employment tribunal claim, as outlined above. In this instance, claims will need to be submitted within 30 days of receiving the early conciliation certificate.
Successful claims to employment tribunal could result in a payment of up to 8 weeks’ pay (weekly pay capped at £525 per week). This is called a “protective award”.
This payment is in addition to the claims which have been made to the Insolvency Service for payment in lieu of notice, unpaid wages and redundancy paymentsBack to News