Claimant v Qube Qualifications and Development Limited (in Creditors Voluntary Liquidation)
Outcome
Individual claims
The tribunal found that the respondent failed to comply with the requirement under s188 of TULR(C)A to inform and consult with employee representatives before making redundancies at the establishment. There was no recognised trade union or appointed or elected employee representatives, and the employer failed to fulfil its consultation obligations.
Facts
The claimant was employed by Qube Qualifications and Development Limited, which went into creditors voluntary liquidation. The employer made redundancies at its establishment at Bee House, Milton Park, Abingdon, Oxfordshire on or around 28 March 2023. The employer failed to inform and consult with employee representatives as required under s188 TULR(C)A. There was no recognised trade union or appointed or elected employee representatives at the time.
Decision
The tribunal upheld the complaint that the respondent failed to comply with s188 TULR(C)A regarding collective consultation before redundancies. The tribunal made a protective award in favour of the claimant of 90 days remuneration beginning 28 March 2023. The Employment Protection Recoupment Regulations apply to the award.
Practical note
Employers facing collective redundancies must comply with consultation requirements under s188 TULR(C)A or face protective awards of up to 90 days pay, even where the company is in liquidation and the Secretary of State becomes liable for payment.
Legal authorities cited
Statutes
Case details
- Case number
- 3308166/2023
- Decision date
- 21 July 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- education
- Represented
- No
Claimant representation
- Represented
- No