Mr Edem Ekpenyong and 36 other Claimants as listed on the Schedule attached v Castleoak Care Partnerships Ltd (in liquidation) and 1 other — 2022

The Tribunal considered the pleadings and found each Claimant's complaint under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 well founded. The complaint concerned the First Respondent's failure to comply with the collective consultation requirements in section 188 of the 1992 Act.

The Employment Judge noted that the First Respondent accepted the Claimants, and the majority of its 69 staff, were made redundant on or around 25 October 2021. The First Respondent did not contest that the Claimants were employees at one establishment, Raglan House, or that they were affected employees for the purposes of section 189.

The First Respondent also did not contest the Claimants' assertions that there was no recognised trade union, that affected employees were not given the opportunity to elect representatives, and that there was no consultation through a recognised trade union or elected employee representatives. The Tribunal ordered the First Respondent to pay each of the 37 Claimants a protective award equivalent to remuneration for 90 days beginning on 25 October 2021.