Cases3305251/2024

Claimant v The Grove Independent School Limited

4 July 2025Before Employment Judge E P Morgan KCCambridgeremote video

Outcome

Claimant succeeds£13,935

Individual claims

Unfair Dismissalsucceeded

The tribunal found the claimant's dismissal was unfair, though no compensation was awarded. The respondent did not attend the hearing to defend the claim.

Unlawful Deduction from Wagessucceeded

The tribunal found the respondent had unlawfully deducted wages from the claimant's salary up to 22 December 2023, awarding £740.36 in unpaid salary.

Breach of Contractsucceeded

The tribunal found the respondent breached the claimant's contract by failing to pay notice pay, awarding £4,614.24 representing the contractual notice period.

Failure to Inform & Consultsucceeded

The tribunal found the respondent failed to comply with collective consultation obligations, resulting in a protective award of 90 days (the maximum period) covering 22 December 2023 to 21 March 2024.

Facts

The claimant was employed by Grove Independent School Limited until 22 December 2023. The respondent failed to pay the claimant's full salary up to that date and did not pay notice pay following termination. The respondent also failed to comply with collective consultation requirements when dismissing employees. The respondent did not attend the tribunal hearing to defend the claims.

Decision

The tribunal upheld all claims: unfair dismissal (though no compensation awarded), unlawful deduction of wages, breach of contract for notice pay, and failure to inform and consult. The tribunal awarded a maximum 90-day protective award and compensation totalling £13,934.66.

Practical note

When an employer fails to engage with tribunal proceedings, claimants can succeed on properly pleaded claims including obtaining the maximum protective award for collective consultation failures.

Award breakdown

Notice pay£4,614
Arrears of pay£740
Unpaid wages£740

Case details

Case number
3305251/2024
Decision date
4 July 2025
Hearing type
full merits
Hearing days
1
Classification
contested

Respondent

Sector
education
Represented
No

Claimant representation

Represented
Yes
Rep type
barrister