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 of s188 TULR(C)A to inform and consult employee representatives about collective redundancies. There was no recognised trade union or appointed or elected employee representatives, and the respondent made 20 or more redundancies at the establishment without proper consultation.
Facts
The claimant was employed by Qube Qualifications and Development Limited, which went into Creditors Voluntary Liquidation. The respondent made 20 or more redundancies from its establishment at Bee House, Milton Park, Abingdon, with the claimant's employment ending on 28 March 2023. The respondent failed to inform and consult with employee representatives as required by s188 of TULR(C)A 1992 before the collective redundancies took place. There was no recognised trade union or appointed or elected employee representatives.
Decision
The tribunal upheld the complaint that the respondent failed to comply with s188 TULR(C)A requiring consultation before collective redundancies. The tribunal made a protective award of the maximum 90 days (12.86 weeks) in favour of the claimant, awarding remuneration of £6,924.60 for the protected period beginning 28 March 2023.
Practical note
Employers facing insolvency must still comply with collective consultation requirements under s188 TULR(C)A, 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
- 3308173/2023
- Decision date
- 15 May 2025
- Hearing type
- full merits
- Hearing days
- —
- Classification
- contested
Respondent
- Sector
- education
- Represented
- No
Employment details
Claimant representation
- Represented
- No