Ms J Clark v Glenalmond Group (In Administration) — 2024

The claimants brought a protective award complaint under section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992, alleging that the respondent failed to comply with the collective consultation duty before redundancies. The respondent was in administration and did not enter a defence. The tribunal identified the central issue as whether the statutory duty to consult had been triggered.

The tribunal found that there was a group of companies, with the respondent as parent company, and that employees working across the group had been treated separately for payroll purposes. On the evidence produced, including contract documents for Ms Devlin and another employee, the tribunal was satisfied that those contracts clearly stated the respondent was the employer. It found no basis to treat the other employee as an outlier and concluded that all employees working for companies within the group were employed by the respondent.

On that basis, the tribunal held that the respondent had dismissed more than 20 employees by reason of redundancy within a 90-day period at the same establishment, so the section 188 duty to consult was engaged. It also found that there had been no consultation at all with employee representatives and that the claimants were notified on 15 March 2024 that their employment was ending by reason of redundancy, without prior consultation or notice.

The tribunal therefore held the section 188 complaint well founded and made a protective award. It ordered the respondent to pay remuneration for the protected period, which began on 15 March 2024 and ran for 90 days. The extracted judgment text does not state a separate monetary amount for the award.