E Ivor Hughes Educational Foundation v Morris & Ors [2015]

The school employer in this case took a decision in February to close the school unless pupil numbers picked up that spring, in time for the following autumn term opening. They received new figures in April showing numbers had not picked up and issued Redundancy and Reorganisation notices to staff, largely to avoid an extra term's salary, should notices expire in the new term. There were more than 20 employees affected by the closure and the employees took and won a failure to consult claim. The employees were awarded the maximum award of 90 days' protective award. The EAT found no fault with the tribunal's argument: "...the duty to consult under section 188 of the Act arose on 27