Claimant v Qube Qualifications and Development Limited (in Creditors Voluntary Liquidation)
Outcome
Individual claims
The tribunal found that the respondent's premises constituted an establishment for the purposes of s188 TULR(C)A. There was no recognised trade union or appointed or elected employee representatives. The respondent failed to comply with its requirement to inform and consult under s188 TULR(C)A regarding collective redundancies, and the complaint was upheld.
Facts
The claimant was employed by Qube Qualifications and Development Limited, which went into creditors voluntary liquidation. The employer operated from premises in Abingdon, Oxfordshire, which constituted an establishment for collective consultation purposes. The employer made redundancies on or around 28 March 2023 but failed to inform and consult with employee representatives or a recognised trade union as required by s188 TULR(C)A.
Decision
The tribunal upheld the complaint that the respondent failed to comply with its statutory duty to inform and consult under s188 TULR(C)A. The tribunal made a protective award of the maximum 90 days remuneration beginning on 28 March 2023. The Secretary of State for Business and Trade was joined as second respondent due to the first respondent being insolvent.
Practical note
Employers must comply with collective consultation requirements under s188 TULR(C)A when making 20 or more redundancies at one establishment, and failure to do so will result in a protective award of up to 90 days pay per affected employee.
Legal authorities cited
Statutes
Case details
- Case number
- 3305388/2023
- Decision date
- 22 May 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- education
- Represented
- No
Claimant representation
- Represented
- No