School staff win protective award after redundancy consultation failure

What this case shows in practice

This case highlights the importance of proper redundancy consultation, even when a school is facing financial difficulties. The former employees of Queensmead School Limited were dismissed by reason of redundancy on 31 January 2019, but the employer failed to fully inform and consult them as required by law. The tribunal approved a consent judgment granting a protective award of 90 days' pay to all claimants.

What the employer could have done differently

Queensmead School Limited could have avoided this outcome by conducting meaningful consultation with the affected employees or their representatives before making redundancies. Even if the company was in financial trouble, the legal duty to consult under sections 188 and 188A of the Trade Union and Labour Relations (Consolidation) Act 1992 applies when 20 or more redundancies are proposed within 90 days. Proper consultation includes providing information about the reasons for redundancies, the number affected, and exploring alternatives.

Why the result matters

This case is a reminder that protective awards are a 'day one' right – employees do not need a minimum length of service to claim for failure to consult. The award of 90 days' pay reflects the serious nature of the breach. Even though the company entered administration and later a company voluntary arrangement, the claimants were able to secure compensation. The consent judgment also included a statutory redundancy payment of £3,810 for one claimant, Patricia Keen, based on her age, service, and weekly pay.