Not appearing v Belmont School (Feldemore) Educational Trust Limited (in Administration) Interested Party: Secretary of State for Business and Trade — 2024

The tribunal considered collective consultation and notice pay arising from the closure of Belmont School. It found that the school was in financial difficulty throughout 2023, that employees were first warned on 30 November 2023, and that representatives were elected between 6 and 8 December. The school then told staff on 11 December that it would close on 15 December, but the tribunal found that the consultation was very late, limited in scope, and did not include discussion of how redundancies might be avoided.

On the protective award claim, the tribunal held that the respondent failed to comply adequately with the consultation duty under section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992. It accepted that the respondent knew of serious financial difficulties by August 2023 but took no earlier steps to warn employees of possible job losses. Taking account of the school's small size and lack of an HR function, the tribunal decided it was just and equitable to award a protected period of 60 days beginning on 31 December 2023. The Employment Protection (Recoupment of Jobseeker's Allowance and Income Support) Regulations 1996 apply.

On breach of contract, the tribunal accepted that Ciara Turner and Penelope Gibbins each had a contractual notice term of one full term ending on 30 April 2024, and that no formal notice of dismissal was given. Ms Turner had started new employment on 1 January 2024, and the tribunal awarded her £2,788.40 gross after crediting earnings from that job. Ms Gibbins did not find immediate replacement work, later took a fixed-term contract and some substitute teaching, and the tribunal awarded her £1,966.00 gross after the agreed deductions. Claire Whitehill had the same notice provision but made no claim.