(1) Mrs Nina Julian (2) Miss Poppy Keam (3) Mrs Lewis Edmunds (4) Mrs Michele Holland v St Christopher’s School (Canterbury) Ltd (in voluntary liquidation) — 2020

Employment Judge Michell, sitting alone at Croydon on 19 October 2020, heard the claims against St Christopher's School (Canterbury) Ltd (in voluntary liquidation). The respondent did not appear but provided written submissions. The tribunal held that the claimants' complaints under s.188 of the Trade Union and Labour Relations (Consolidation) Act 1992 were well founded because there had been a complete failure to consult or provide the required information before the dismissals took effect, no employee representatives had been elected or appointed, and no special circumstances were shown to excuse non-compliance. In fixing the length of the award, the tribunal referred to Susie Radin Ltd v GMB and said the maximum period was just and equitable given the seriousness of the breach; it also noted the insolvency cases cited on special circumstances did not assist the respondent.

The tribunal made protective awards under s.189 of the 1992 Act for a 90-day protected period beginning on 31 August 2018 and ending on 27 December 2018. The awards were calculated individually by reference to each claimant's gross weekly wage: Mrs Nina Julian £5,178.08, Miss Poppy Keam £4,561.58, Mrs Lewis Edmunds £1,666.54, and Mrs Michele Holland £5,496.68. It also awarded each claimant notice pay for one full half term from 31 August 2018 to 28 October 2018, less statutory notice pay already received from the Insolvency Service, in the amounts of £1,472.73, £861.60, £402.93, and £1,563.52 respectively.