Claimant v Qube Qualifications and Development Limited
Outcome
Individual claims
The tribunal found that the respondent failed to comply with the requirement under s188 TULR(C)A to inform and consult with employee representatives prior to making redundancies. There was no recognised trade union and no appointed or elected employee representatives, and the respondent failed to initiate the required consultation process before the collective redundancy dismissals on 28 March 2023.
Facts
The claimant was employed by Qube Qualifications and Development Limited, which entered creditors voluntary liquidation. The company made collective redundancies on 28 March 2023 from its establishment at Bee House, Milton Park, Abingdon. There was no recognised trade union and no employee representatives were appointed or elected. The respondent failed to comply with the statutory obligation to inform and consult with employee representatives before making the redundancies.
Decision
The tribunal upheld the complaint that the respondent failed to comply with s188 TULR(C)A. The tribunal made a protective award ordering the respondent to pay the claimant remuneration for a protected period of 90 days beginning on 28 March 2023, the maximum period available under the statute for failure to inform and consult.
Practical note
Employers must comply with collective redundancy consultation obligations under TULR(C)A even when facing insolvency, or face protective awards of up to 90 days' pay per affected employee.
Legal authorities cited
Statutes
Case details
- Case number
- 3308171/2023
- Decision date
- 21 July 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- education
- Represented
- No
Claimant representation
- Represented
- No