Case 2303269/2025 · Employment Tribunal
Ms Rochelle Graham and 12 others v Kingswood Learning & Leisure Limited (in Administration) and 1 other — 2026
- Case reference
- 2303269/2025
- Decision date
- 13 February 2026
- Jurisdiction
- England & Wales
- Judge
- Employment Judge O’Rourke Date
Parties
3 namedClaimant
Ms Rochelle Graham and 12 others
Key findings
Tribunal's reasoningThirteen claimants brought complaints under s.189 of the Trade Union and Labour Relations (Consolidation) Act 1992 against Kingswood Learning & Leisure Limited (in administration), with the Secretary of State for Business and Trade joined as second respondent. The matter was heard at London South by video on 13 February 2026 before Employment Judge C H O'Rourke. The claimants appeared in person; the respondents did not attend and were not represented.
The Tribunal exercised its power under Rule 48 of the Tribunal's Rules of Procedure 2024 to convert the listed preliminary case management hearing into a final hearing, being satisfied that no party was materially prejudiced by the change. The Tribunal found that the complaints under s.189, alleging the First Respondent's failure to comply with the consultation requirements of s.188, were well-founded.
By way of protective award under s.189(3), the Tribunal ordered the First Respondent to pay each of the named claimants remuneration for the period of ninety days beginning 17 January 2025. The Recoupment Regulations 1996 apply.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Protective award under s.189 of the Trade Union and Labour Relations (Consolidation) Act 1992. The First Respondent failed to comply with the consultation requirements of s.188 TULRCA. The Tribunal awarded 90 days' remuneration to each of the 13 listed claimants for the protected period beginning 17 January 2025. The award is per-claimant and not aggregated; the Recoupment Regulations apply. | Upheld | — | — |
Legal tests applied
4 references- s.188 Trade Union and Labour Relations (Consolidation) Act 1992
- s.189 Trade Union and Labour Relations (Consolidation) Act 1992
- s.189(3) Trade Union and Labour Relations (Consolidation) Act 1992
- Rule 48 Employment Tribunal Rules of Procedure 2024
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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