Superbike Factory Employee?
You Could Be Owed Compensation After Your Redundancy

You Are NOT Claiming Against Superbike Factory

One of the biggest concerns employees have is whether bringing a claim somehow harms their former employer or the people they worked alongside.

In most insolvency cases, it does not.

Protective Award claims exist because Parliament recognised that employees should not lose their legal rights simply because a business has collapsed.

Where an insolvent employer failed to comply with collective redundancy consultation requirements, any compensation awarded is generally paid by the Government’s National Insurance Fund through the Redundancy Payments Service (RPS), subject to statutory limits.

That means:

• Your former colleagues do not pay.
• Your previous managers do not pay.
• The administrators do not personally pay.
• Money is not taken from remaining employees.
• The award is generally funded by the Government where the employer is insolvent.

Many employees choose not to pursue a claim simply because they mistakenly believe they are taking money away from the business they worked for. In reality, Protective Awards exist specifically to protect employees in circumstances where employers become insolvent before following the legal redundancy process.

What Is A Protective Award?

A Protective Award is compensation that an Employment Tribunal can order where an employer fails to comply with its legal duty to collectively consult employees before carrying out large-scale redundancies.

This compensation is entirely separate from:

• Statutory redundancy pay
• Notice pay
• Holiday pay
• Unpaid wages
• Wrongful dismissal
• Unfair dismissal claims

Many former employees incorrectly believe that once they have received redundancy pay, they cannot claim anything further.

That is not necessarily correct.

A Protective Award compensates employees for the employer’s failure to carry out the consultation process required by law. It is a separate legal entitlement and does not replace other employment rights.

Why Collective Consultation Matters

The law requires employers proposing large-scale redundancies to consult employee representatives before dismissals take effect.

This consultation is intended to ensure that employees have meaningful opportunities to:

• Understand why redundancies are proposed.
• Explore alternatives.
• Suggest ways of reducing job losses.
• Discuss redeployment opportunities.
• Raise concerns through elected representatives or recognised trade unions.

Simply announcing redundancies shortly before dismissal is not normally the same as carrying out meaningful consultation.

Where consultation is found to have been inadequate—or absent altogether—an Employment Tribunal has the power to award compensation to affected employees.

Tell us about your employment and we’ll help you recover up to £5000.

How Much Could I Receive?

The amount awarded depends on the Employment Tribunal and the circumstances of the redundancy process.

The Tribunal can award up to 180 days’ gross pay for each affected employee, subject to statutory limits.

Your actual entitlement depends on factors including:

• Your weekly gross pay.
• The extent of any consultation carried out.
• The Tribunal’s findings.
• Applicable statutory payment caps.
• Insolvency payment limits.

Every case is different, which is why we assess every enquiry individually before advising on likely entitlement.

Why Choose Superbike Factory Claims?

Our employment solicitors understand that redundancy following insolvency can be stressful, confusing and financially difficult.

Our aim is to make the legal process as straightforward as possible.

When you instruct us:

• Your claim is handled by experienced legal professionals.
• Everything can be completed online.
• Electronic signatures mean no paperwork.
• We deal with the Tribunal and administrators on your behalf.
• We keep you updated throughout your claim.

Our team has experience assisting employees affected by company insolvencies and collective redundancies across England and Wales.

Nothing To Pay Unless Your Claim Succeeds

We believe employees should be able to pursue legitimate claims without worrying about paying legal fees upfront.

That is why we act on a No Win No Fee basis.

If your claim is unsuccessful, you pay us nothing.

If your claim succeeds, our agreed success fee is deducted from any compensation recovered in accordance with your client care agreement.

There are:

• No upfront solicitor fees.
• No hidden administration charges.
• No hourly billing.
• No obligation to proceed after your initial assessment.
• No payment if unsuccessful

Tell us about your employment and we’ll help you recover up to £5000.

How the Claim Process Works

We understand that many former Superbike Factory employees have never dealt with an Employment Tribunal before. Our role is to make the process as straightforward as possible.

In most cases, everything can be completed remotely without the need to attend our offices.

Step 1 – Complete Our Free Assessment

Answer a few simple questions about your employment, where you worked and when your employment ended.

We’ll review the information and let you know whether you may have a Protective Award claim.

Estimated time: Less than 2 minutes.

Step 2 – We Review Your Eligibility

Our legal team will assess whether your circumstances may fall within the collective redundancy rules.

We’ll consider factors including:

• Your employer.
• Your place of work.
• The timing of the redundancies.
• Whether collective consultation appears to have taken place.
• Whether you fall within the group of affected employees.

If we believe you have a claim, we’ll explain the next steps clearly before asking you to proceed.

Step 3 – Sign Your Documents Online

If you decide to instruct us, we’ll provide all the necessary documentation electronically.

There is no need to print forms or attend appointments.

You can review everything at your own pace before signing securely online.

Step 4 – We Prepare Your Claim

Once instructed, we begin preparing your case.

This includes gathering the relevant information, preparing tribunal documentation where required and communicating with the relevant parties on your behalf.

You will be assigned a member of our legal team who will keep you updated throughout the process.

Step 5 – We Handle The Legal Process

Our solicitors deal with the legal work so you don’t have to.

This includes correspondence with administrators, Employment Tribunal documentation and advising you throughout the claim.

Should we require any further information, we’ll contact you directly.

Step 6 – Compensation

If the claim succeeds, compensation is awarded in accordance with Employment Tribunal rules and the applicable statutory limits.

Where the employer is insolvent, payment is generally made through the Government’s Redundancy Payments Service (RPS), subject to the statutory payment cap.

Why Employees May Be Entitled To Compensation

When an employer proposes making large-scale redundancies, UK employment law requires more than simply informing employees that their jobs are ending.

The employer is normally required to carry out a meaningful consultation process with recognised employee representatives or elected employee representatives.

The purpose of consultation is to allow meaningful discussion before dismissals take effect.

This may include discussions around:

• Whether redundancies can be avoided.
• Reducing the number of redundancies.
• Alternative positions within the business.
• Changes to working arrangements.
• Support for affected employees.
• The proposed timetable.

If that consultation does not happen properly, affected employees may be entitled to compensation regardless of whether the business later becomes insolvent.

Why Insolvency Does Not Automatically Remove Employee Rights

Many people assume that once a company enters administration or liquidation, employees lose any legal rights they may have had.

That is not the case.

Employment rights continue to exist even where a business becomes insolvent.

While insolvency can affect who ultimately pays compensation, it does not necessarily prevent employees from bringing legitimate claims.

Protective Awards exist because Parliament recognised that employers should not avoid consultation obligations simply because a business subsequently fails.

Why The Government Pays

One of the most common questions we receive is:

“Where does the money actually come from?”

Where an employer remains financially healthy, compensation would usually be paid by that employer.

However, where the employer is insolvent, the law provides a different mechanism.

Subject to statutory limits, qualifying Protective Awards are generally paid through the Government’s Redundancy Payments Service, funded by the National Insurance Fund.

This is designed to ensure employees are not left without a remedy simply because the employer no longer has the funds to meet its obligations.

For many employees, this provides reassurance that bringing a claim is not taking money away from former colleagues or from the administrators attempting to wind up the company.

What If I Already Received Redundancy Pay?

You may still be entitled to make a Protective Award claim.

This is because different employment payments compensate for different legal rights.

For example:

Statutory Redundancy Pay

Compensates eligible employees for losing their employment through redundancy.

Notice Pay

Compensates employees where they did not work their contractual or statutory notice period.

Holiday Pay

Pays employees for accrued but untaken annual leave.

Protective Award

Compensates employees where collective consultation requirements were not properly followed before large-scale redundancies.

Receiving one payment does not automatically prevent entitlement to another.

Common Misunderstandings

“I wasn’t there very long.”

Length of service does not automatically determine whether you can participate in a Protective Award claim.

“The company has gone bust.”

Insolvency does not necessarily remove your legal rights.

“I’ve already been paid.”

You may still have a separate Protective Award claim.

“I don’t want to sue my old manager.”

Protective Award claims are legal claims arising from the employer’s statutory obligations. In insolvency cases, any payment is generally made through the Government’s Redundancy Payments Service, subject to statutory limits.

“I don’t know if consultation happened.”

Many employees are unsure.

That’s one reason we offer a free assessment—our team can review your circumstances and advise whether there may be grounds to proceed.