Cases3308180/2023

Claimant v Qube Qualifications and Development Limited

21 July 2025Before Employment Judge Shastri-HurstEast of England

Outcome

Claimant succeeds

Individual claims

Failure to Inform & Consultsucceeded

The tribunal found that the respondent failed to comply with the requirement under s188 of TULR(C)A to consult with employee representatives before making collective redundancies. There was no recognised trade union or appointed or elected employee representatives, and the respondent did not properly inform and consult as required by statute.

Facts

The claimant was employed by Qube Qualifications and Development Limited, which operated premises at Bee House, Milton Park, Abingdon. The company went into Creditors Voluntary Liquidation. The respondent made collective redundancies effective 28 March 2023 without complying with consultation requirements under s188 TULR(C)A. There was no recognised trade union or appointed or elected employee representatives for consultation purposes.

Decision

The tribunal upheld the complaint that the respondent failed to comply with s188 TULR(C)A requirements to inform and consult before making collective redundancies. The tribunal awarded the maximum protective award of 90 days remuneration beginning 28 March 2023, with recoupment regulations applying.

Practical note

Employers must ensure full compliance with collective consultation requirements under TULR(C)A before making redundancies, even when facing insolvency, or face the maximum 90-day protective award.

Legal authorities cited

Statutes

TULR(C)A 1992 s.188TULR(C)A 1992 s.188(1B)TULR(C)A 1992 s.189(3)Employment Protection (Recoupment of Jobseeker's Allowance and Income Support) Regulations 1996

Case details

Case number
3308180/2023
Decision date
21 July 2025
Hearing type
full merits
Hearing days
Classification
contested

Respondent

Sector
education
Represented
No

Claimant representation

Represented
No