Claimant v Qube Qualifications and Development Limited
Outcome
Individual claims
The tribunal found that the respondent failed to comply with the requirements of s188 TULR(C)A regarding consultation with employee representatives prior to collective redundancies. There was no recognised trade union or appointed or elected employee representatives, and the employer failed to initiate the required consultation process before the dismissals took effect on 28 March 2023.
Facts
Qube Qualifications and Development Limited entered creditors voluntary liquidation and made employees redundant on 28 March 2023. The employer failed to consult with employee representatives as required under section 188 of TULR(C)A before making collective redundancies. There was no recognised trade union and the employer had not appointed or elected employee representatives for consultation purposes.
Decision
The tribunal upheld the complaint that the respondent failed to comply with the statutory duty to inform and consult employee representatives prior to collective redundancies. The tribunal awarded the maximum protective award of 90 days' remuneration beginning from 28 March 2023, with the Recoupment Regulations applying.
Practical note
Employers must comply with collective consultation requirements under TULR(C)A before making redundancies, and failure to do so will result in a protective award of up to 90 days even where the company is insolvent.
Legal authorities cited
Statutes
Case details
- Case number
- 3308167/2023
- Decision date
- 21 July 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- education
- Represented
- No
Claimant representation
- Represented
- No