Claimant v Kilgraston School Trust (In Sequestration Care of PWC)
Outcome
Individual claims
The respondent dismissed 20 or more employees as redundant within 90 days but failed to ensure employee representatives were elected under s.188A and failed to consult with them under s.188 of TULRCA 1992. The tribunal found the complaint well founded and made a protective award.
Facts
Three claimants were among 20 or more employees dismissed as redundant by Kilgraston School Trust on 10 September 2024. The respondent, a charitable trust in sequestration with a trustee in bankruptcy appointed, failed to ensure employee representatives were elected and failed to conduct collective consultation as required by law. No response was received from the respondent to the tribunal claim.
Decision
The tribunal found the complaint well founded and made a protective award under Rule 22 on the available material. The respondent was ordered to pay remuneration to the claimants for a 90-day protected period beginning on 03 September 2024 due to their failure to comply with statutory collective consultation obligations.
Practical note
Employers making 20 or more redundancies must comply with collective consultation requirements even when in insolvency proceedings, and failure to do so will result in a protective award of up to 90 days' pay per affected employee.
Legal authorities cited
Statutes
Case details
- Case number
- 4107444/2024
- Decision date
- 26 March 2025
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- education
- Represented
- No
Claimant representation
- Represented
- No