Claimant v Qube Qualifications and Development Limited
Outcome
Individual claims
The tribunal found that the respondent failed to comply with s188 of TULR(C)A, which requires employers to inform and consult with employee representatives before collective redundancies. There was no recognised trade union or appointed or elected employee representatives, and the respondent failed to undertake the required consultation process before the redundancies.
Facts
The claimant was employed by Qube Qualifications and Development Limited, which operated from premises at Bee House, Milton Park, Abingdon. The company went into Creditors Voluntary Liquidation and made collective redundancies effective 28 March 2023. There was no recognised trade union or appointed or elected employee representatives at the establishment. The employer failed to comply with its statutory obligations to inform and consult with employee representatives before implementing the redundancies.
Decision
The tribunal upheld the complaint that the respondent failed to comply with s188 TULR(C)A regarding informing and consulting on collective redundancies. The tribunal made a protective award in favour of the claimant equivalent to 90 days remuneration beginning 28 March 2023, the maximum protective award available under the legislation.
Practical note
Employers must comply with information and consultation requirements under s188 TULR(C)A before making collective redundancies, or face a protective award of up to 90 days pay per affected employee, even when entering insolvency.
Legal authorities cited
Statutes
Case details
- Case number
- 3308168/2023
- Decision date
- 21 July 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- education
- Represented
- No
Claimant representation
- Represented
- No