Claimant v The Grove Independent School Limited
Outcome
Individual claims
The tribunal found that the Respondent breached s.188 TULR(C)A by failing to inform and consult about collective redundancies. The Respondent did not attend to defend the claim and the tribunal was satisfied based on the evidence presented that the claim was well-founded.
Facts
The Claimant was employed by The Grove Independent School Limited and was made redundant on 23 December 2023. The Respondent failed to comply with its statutory obligations under s.188 TULR(C)A to inform and consult about collective redundancies. The Respondent failed to attend the tribunal hearing despite being properly notified at its registered office address and despite the tribunal making additional attempts to contact the statutory director on the morning of the hearing.
Decision
The tribunal found the claim under s.189 TULR(C)A for breach of s.188 TULR(C)A to be well-founded and upheld. The tribunal made a protective award for the full 90-day period permitted under statute, finding it just and equitable to do so. The Respondent was ordered to pay £9,000 representing 90 days at £100 per day.
Practical note
Employers who fail to comply with collective redundancy consultation obligations face protective awards of up to 90 days' pay, and non-attendance at tribunal will not prevent such awards being made against them.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3304021/2024
- Decision date
- 27 June 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- education
- Represented
- No
Employment details
Claimant representation
- Represented
- Yes
- Rep type
- solicitor