Mr K Mills, Counsel For the v The Secretary of State for Business, and Energy and Industrial Strategy and Lady Ottoline Ltd (T/a The Lady Ottoline) (dissolved) — 2024

The tribunal held that Lady Ottoline Ltd (t/a The Lady Ottoline) failed to comply with the requirements of sections 188 and 188A of the Trade Union and Labour Relations (Consolidation) Act 1992. It therefore found the Claimants' complaints under section 189 TULRCA well-founded.

In reaching that conclusion, the tribunal accepted witness evidence and payroll data showing that there were 20 employees at the single establishment, The Lady Ottoline at 11A Northington St, London WC1N 2JF, including the named claimants. It also noted that the company later went into winding up on 1 February 2018 and was dissolved on 18 May 2023.

The tribunal found that each employee was dismissed for redundancy on 29 June 2017 without election of employee representatives and without any consultation. It further found that none of the information required by section 188(4) TULRCA had been provided.

Because there had been a total absence of consultation, and applying the principles in Susie Radin v GMB [1994] ICR 893, the tribunal found there were no mitigating circumstances. It therefore awarded each claimant a protective award equivalent to 90 days' pay, with a commencement date of 29 June 2017.