Claimant v Lean Education and Development Limited (Dissolved)
Outcome
Individual claims
The tribunal found the first respondent failed to pay the claimant's statutory notice pay. Having been employed for 11 full years, the claimant was entitled to 11 weeks' notice under s.86 ERA 1996. The Insolvency Service had paid £570.92, leaving a balance due.
The tribunal found the respondent failed to comply with s.188 TULR(C)A 1992 requirements to consult on collective redundancies. There was a complete failure to consult with no mitigating factors, justifying the maximum protective award of 90 days.
The tribunal upheld the claim for unpaid expenses, finding the first respondent liable to pay £479.60 to the claimant for expenses that had not been reimbursed.
Facts
The claimant was employed by the first respondent for 11 years from July 2011 until his redundancy dismissal on 30 June 2022 (with employment ending 8 September 2022). The first respondent is now dissolved. The claimant was aged 37 at termination with gross weekly pay of £613.70. The first respondent failed to pay notice pay in full, failed to consult on collective redundancies, and failed to reimburse expenses totaling £479.60. The Insolvency Service had made a partial payment of £570.92 towards notice pay.
Decision
The tribunal upheld all of the claimant's claims. The first respondent was ordered to pay: £6,179.78 in outstanding notice pay (11 weeks less the Insolvency Service payment); a protective award of £7,890.43 (90 days, the maximum, due to complete failure to consult); and £479.60 in unpaid expenses, totaling £14,549.81. Recoupment provisions apply to enable the Secretary of State to recover any relevant state benefits paid.
Practical note
Where an employer becomes insolvent and completely fails to consult on collective redundancies, the tribunal will award the maximum 90-day protective award, with recoupment provisions allowing the state to recover benefits paid during the protected period.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 1303528/2022
- Decision date
- 29 July 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- education
- Represented
- No
Employment details
- Service
- 11 years
Claimant representation
- Represented
- No