Case 3316121/2019 · Employment Tribunal
Mrs C Stout and others (see schedule) v Queensmead School Limited (in company voluntary arrangement) v — 2023
- Case reference
- 3316121/2019
- Decision date
- 3 January 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Hawksworth Date
Parties
2 namedClaimant
Mrs C Stout and others (see schedule)
Key findings
Tribunal's reasoningThe judgment was made by consent under rule 64 of the Employment Tribunal Rules of Procedure 2013. It records that the claimants in the Schedule were employed by Queensmead School Limited, that the respondent's joint administrators were appointed on 8 April 2019, and that the respondent later entered a company voluntary arrangement on 23 March 2021. The claimants were dismissed on 31 January 2019 by reason of redundancy.
The claimants brought a complaint under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 seeking a protective award for failure to consult under sections 188 and 188A. The tribunal recorded that the claimants listed in the Schedule were assigned to an establishment where 20 or more redundancies were proposed within a 90-day period, and that the respondent did not fully inform and consult with them in accordance with those provisions. A protective award was made for a protected period of 90 days, running from the termination date.
The tribunal also made an order for a statutory redundancy payment in favour of Patricia Keen in the amount of £3,810. The judgment states that this was calculated by reference to her date of birth, her start date of 1 September 2013, the redundancy date of 31 January 2019, and a weekly gross rate of pay of £538.46. The judgment further records that there was no order for costs or fees and that the claims in the Schedule were extinguished in their entirety by the consent judgment. It also notes that the Recoupment Regulations apply.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Trade union | Judgment by consent under rule 64. The tribunal made a protective award in favour of the claimants listed in the Schedule for a protected period of 90 days, in relation to the respondent's failure to fully inform and consult under sections 188 and 188A TULRCA 1992. No monetary figure for the protective award is stated in the judgment. | Settled | — | — |
| Redundancy | Statutory redundancy payment ordered in favour of Patricia Keen. The judgment records that the amount of £3,810 was based on her date of birth, start date of 1 September 2013, redundancy date of 31 January 2019, and weekly gross pay of £538.46. | Settled | — | £3,810 |
Remedy
Monetary award- Total award
- £3,810
- across all upheld claims
Legal tests applied
4 references- s.188 TULRCA 1992
- s.188A TULRCA 1992
- s.189 TULRCA 1992
- rule 64 Employment Tribunal Rules of Procedure 2013
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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