Claimant v Hemdean House School Limited
Outcome
Individual claims
The respondent failed to comply with section 188 of TULR(C)A 1992 by dismissing 20 or more employees as redundant on or after 12 July 2024 without any consultation with employees or their representatives, despite there being no recognised trade union or elected employee representatives.
Facts
Hemdean House School Limited went into creditors voluntary liquidation and dismissed 20 or more employees as redundant on or after 12 July 2024 from its establishment in Caversham, Reading. There was no recognised trade union or elected employee representatives, and the employer conducted no consultation whatsoever before the redundancies. 19 claimants brought claims for protective awards within the statutory time limit, with 11 having issued duplicate claims which were consolidated.
Decision
The tribunal found the respondent failed to comply with section 188 TULR(C)A 1992 by dismissing employees without consultation. The tribunal made a protective award for the maximum period of 90 days beginning 12 July 2024, applying the principle that protective awards are punitive and should be for the maximum unless there are mitigating circumstances. The decision was made on the papers without a hearing as the first respondent filed no response and the second respondent consented to written submissions.
Practical note
Employers making 20 or more redundancies must comply with collective consultation requirements under section 188 TULR(C)A 1992, and complete failure to do so will ordinarily result in the maximum 90-day protective award being imposed punitively.
Legal authorities cited
Statutes
Case details
- Case number
- 3308666/2024
- Decision date
- 7 July 2025
- Hearing type
- on papers
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- education
- Represented
- No
Claimant representation
- Represented
- No