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

The claimant claimed a protective award against Life Schools Limited in respect of an alleged breach of the collective consultation requirements under the Trade Union and Labour Relations (Consolidation) Act 1992. The first respondent, which was in creditors voluntary liquidation, did not present a response and the liquidators did not present a response on its behalf. The Secretary of State for Department of Business and Trade was an interested party and did not support or resist the claim.

On consideration of the file and evidence from the claimant's colleagues Miss Taylor and Mrs Quilty, the Tribunal found that the first respondent employed over 20 employees where the claimant worked, and that no trade union was recognised for collective bargaining, consultation or negotiation with the workforce at the site. 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.

The Tribunal found that there was no proper warning, notice or consultation with the workforce, and that no employee representatives had been elected or appointed for consultation within section 188A of the 1992 Act. It held that the first respondent was in breach of the duty under section 188 of the 1992 Act and that the claimant's complaint was well-founded.

The Tribunal made a protective award under section 189 of the 1992 Act for the maximum protected period of 90 days commencing on 24 July 2024, expressed as a payment equivalent to remuneration for that period. No fixed monetary amount was stated. The Employment Protection recoupment regulations were applied, with payment subject to the Secretary of State's recoupment notice process.