Cases→3304218/2023

Claimant v Qube Qualifications and Development Limited (in Creditors Voluntary Liquidation)

13 June 2025Before Employment Judge Shastri-HurstEast of England

Outcome

Claimant succeeds£1,786

Individual claims

Failure to Inform & Consultsucceeded

The Tribunal found that the respondent failed to comply with the requirements of s188 TULR(C)A as there was no recognised trade union or appointed/elected employee representatives and the respondent failed to inform and consult regarding the redundancy. The premises at Bee House constituted an establishment for the purposes of the collective consultation requirements.

Breach of Contractsucceeded

The Tribunal found the complaint of breach of contract in relation to notice pay well-founded. The claimant was entitled to 4 weeks' notice pay at £394.19 per week net, totalling £1,576.76, which was not paid by the respondent.

Breach of Contractsucceeded

The Tribunal found the complaint of breach of contract in relation to expenses well-founded. The claimant was owed £209.10 in unpaid expenses which the respondent had failed to pay.

Facts

The claimant was employed by Qube Qualifications & Development Limited at their premises in Abingdon, Oxfordshire. The company went into Creditors Voluntary Liquidation and made the claimant redundant on 28 March 2023. The respondent failed to inform and consult with employee representatives regarding the collective redundancy, despite there being no recognised trade union or elected representatives. The claimant was not paid her notice pay of 4 weeks or expenses of £209.10.

Decision

The Tribunal upheld all claims. The respondent breached s188 TULR(C)A by failing to inform and consult, for which the Tribunal awarded the maximum protective award of 90 days' pay. The Tribunal also found breach of contract for unpaid notice pay (£1,576.76) and unpaid expenses (£209.10). Credit was to be given for sums paid by the Redundancy Payments Service. The recoupment regulations apply.

Practical note

Employers facing insolvency must still comply with collective consultation obligations under s188 TULR(C)A or face the maximum protective award of 90 days' pay per affected employee, even where no employee representatives exist.

Award breakdown

Notice pay£1,577

Legal authorities cited

Statutes

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

Case details

Case number
3304218/2023
Decision date
13 June 2025
Hearing type
default judgment
Hearing days
—
Classification
default

Respondent

Name
Qube Qualifications and Development Limited (in Creditors Voluntary Liquidation)
Sector
education
Represented
No

Claimant representation

Represented
No
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