Claimant v Cedar Park Schools Ltd (In Administration)
Outcome
Individual claims
The first respondent failed to comply with section 188 TULRCA 1992 requirement to consult with employee representatives before making 20 or more employees redundant. There was no recognised trade union or elected employee representatives at the establishment, and claimants were dismissed on 28 May 2024 without any consultation having taken place.
Facts
27 claimants worked at Cedar Park Schools Ltd's establishment at Wolverton, Enfield. On 28 May 2024, the employer, which later went into administration, made 20 or more employees redundant without any consultation. There was no recognised trade union or elected employee representatives at the establishment. The first respondent did not file a response and the Secretary of State had no direct knowledge of the circumstances.
Decision
The tribunal found that the first respondent breached section 188 TULRCA 1992 by failing to consult before collective redundancies. A protective award was granted for the maximum 90-day period beginning 28 May 2024, following the principle that protective awards are punitive and should be for the maximum period unless circumstances justify otherwise.
Practical note
Employers facing insolvency must still comply with collective consultation requirements under section 188 TULRCA 1992, and tribunals will award the maximum 90-day protective award where there has been a complete failure to consult.
Legal authorities cited
Statutes
Case details
- Case number
- 3310782/2024
- Decision date
- 11 December 2025
- Hearing type
- default judgment
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- education
- Represented
- No
Claimant representation
- Represented
- No