Mrs P Pumford v Life Schools Ltd (in creditors voluntary liquidation) and Secretary of State for Department of Business and Trade — 2026

The claimant brought a claim for a protective award alleging breach of the collective consultation requirements under the Trade Union and Labour Relations (Consolidation) Act 1992. The first respondent, Life Schools Limited, was in creditors voluntary liquidation and did not present a response. The second respondent, the Secretary of State for Department of Business and Trade, was treated as an interested party and did not support or resist the claim.

On the material before Employment Judge Ainscough, including evidence from Miss Taylor and Mrs Quilty, the Tribunal found it could issue judgment under Rule 22. It found that the first respondent employed over 20 employees at the site where the claimant worked, that no trade union was recognised for collective bargaining, consultation or negotiation, and that no employee representatives had been elected or appointed for consultation within section 188A of the 1992 Act.

The Tribunal found that employees were told on 24 July 2024 that the first respondent was closing down and that they were all being made redundant with immediate effect. It found there had been no proper warning or notice to, or consultation with, the workforce. In those circumstances, the Tribunal held that the first respondent was in breach of the duty under section 188 of the 1992 Act and that the claimant's complaint under section 189 was well-founded.

The Tribunal made a protective award under section 189 in favour of the claimant for the maximum protected period of 90 days beginning on 24 July 2024, equivalent to remuneration for that period. No quantified monetary award was stated. The judgment also recorded that the Employment Protection (Recoupment of Jobseeker's Allowance and Income Support) Regulations 1996 applied, requiring information to be supplied to the Secretary of State before payment under the protective award became due.