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Protective award and prescribed part


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Hi All

 

 

Last week I have been awarded a protected award for failure to consult. The judge has awarded me 75 days salary.

 

 

Good news so far. However, my employer is in administration and the administration is close to ending with movement into liquidation.

 

 

The only funds left for distribution are the prescribed part generated from the sale of property.

 

 

I wonder if anyone can advise on the following questions:

 

 

1. Will my award be paid from the prescribed part as a preferred creditor?

 

 

2. Will I receive 100% (there is more than enough money in the prescribed part fund)

 

 

3. Do I have to apply for the money or does the administrator calculate it from the salary information they hold?

 

 

4. If I will be receiving it from the RPO (capped at 8 weeks and £450 per week) does the administrator advise them or do I have to apply?

 

 

Any thoughts gratefully appreciated.

 

 

kind regards

 

 

Steve

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you will be at the front of the queue when it comes to sharing out the liquidated assets of the company but that does not mean that you will get everything you are entitiled to as there may be others in a similar situation as far as preference creditors go and the banks tend to have bigger mouths. I would write to the administrator and let them know of your position and how much money is due by court order and then if they divvi the pot up incorrectly you have a claim against them.

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