Ms C Coghlan 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 in respect of an alleged breach of the collective consultation requirements under the Trade Union and Labour Relations (Consolidation) Act 1992. The first respondent did not present a response, and its liquidators did not present a response on its behalf. The second respondent, as an interested party, did not support or resist the claim. The Tribunal issued judgment under Rule 22 after considering the file and hearing 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 was employed 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 there had been 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.

On those findings, 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 section 189 complaint was well-founded. It made a protective award under section 189 in favour of the claimant for the maximum protected period of 90 days commencing on 24 July 2024, equivalent to remuneration for that period. No specific monetary figure was recorded.

The judgment recorded that the Employment Protection (Recoupment of Jobseeker's Allowance and Income Support) Regulations 1996 apply. It stated that the first respondent is not required to make any payment under the protective award until it has received a recoupment notice from the Secretary of State or notification that no such notice will be served.