Claimant v The Grove Independent School Limited
Outcome
Individual claims
The tribunal found that the respondent failed to comply with section 188 of the Trade Union & Labour Relations (Consolidation) Act 1992, which requires employers to inform and consult with employee representatives before making 20 or more redundancies. The respondent did not attend to defend the claim, and the tribunal was satisfied the failure was established on the evidence presented.
Facts
Eleven claimants were employed at The Grove Independent School Limited at its establishment in Milton Keynes. They were all dismissed as redundant on or after 8 December 2023. The respondent failed to comply with its statutory duty under section 188 of TULR(C)A 1992 to inform and consult with employee representatives before making the redundancies. The respondent did not attend the hearing to defend the claim.
Decision
The tribunal found that the respondent had failed to comply with the collective consultation requirements under section 188 TULR(C)A 1992. The tribunal made a protective award requiring the respondent to pay remuneration for the maximum 90-day protected period beginning from the date of dismissal. The claimants have other continuing claims which will be subject to separate judgments.
Practical note
Employers making 20 or more redundancies must comply with collective consultation obligations or face the maximum 90-day protective award, even where employees are represented by unions rather than elected representatives.
Legal authorities cited
Statutes
Case details
- Case number
- 3303468/2024
- Decision date
- 27 May 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- education
- Represented
- No
Claimant representation
- Represented
- Yes
- Rep type
- union