Claimant v Qube Qualifications and Development Limited
Outcome
Individual claims
The Tribunal found that the respondent failed to comply with the requirements of s188 of TULR(C)A to consult with employee representatives before making 20 or more redundancies. There was no recognised trade union or elected employee representatives, and the respondent proceeded with collective redundancies at the Milton Park establishment without proper consultation.
The Tribunal found that the respondent breached the claimant's contract of employment by failing to provide the required notice period of 4 weeks. The claimant was entitled to damages equivalent to 4 weeks' net pay for wrongful dismissal.
Facts
The claimant was employed by Qube Qualifications and Development Ltd, which entered creditors voluntary liquidation. The company made 20 or more employees redundant from its Milton Park establishment on 28 March 2023 without consulting with employee representatives as required by law. The claimant was dismissed without proper notice pay and brought claims against the insolvent company and the Secretary of State.
Decision
The Tribunal upheld both claims. The respondent failed to comply with statutory duties to inform and consult employee representatives before collective redundancies, warranting the maximum 90-day protective award. The respondent also breached the claimant's contract by failing to provide 4 weeks' notice pay.
Practical note
Employers facing insolvency must still comply with collective consultation requirements under TULR(C)A even when the company is entering liquidation, and failure to do so will result in a protective award of up to 90 days' pay per affected employee.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 2406316/2023
- Decision date
- 22 May 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- education
- Represented
- No
Claimant representation
- Represented
- No