Claimant v Qube Qualifications and Development Limited (in Creditors Voluntary Liquidation)
Outcome
Individual claims
The tribunal found that the respondent failed to comply with s188 TULR(C)A requiring consultation with employee representatives before collective redundancies. There was no recognised trade union or appointed/elected employee representatives, and the respondent failed to initiate the required consultation process before dismissing 20 or more employees at the establishment.
Facts
The respondent company went into Creditors Voluntary Liquidation and made collective redundancies at its establishment in Abingdon, Oxfordshire. The company failed to consult with employee representatives before implementing the redundancies, despite being required to do so under s188 TULR(C)A. There was no recognised trade union and no employee representatives had been appointed or elected for consultation purposes.
Decision
The tribunal upheld the complaint that the respondent failed to comply with s188 TULR(C)A consultation requirements. The tribunal made a protective award at the maximum period of 90 days, ordering the respondent to pay the claimant £6,924.60 in remuneration for the protected period beginning on 28 March 2023.
Practical note
Employers must consult with employee representatives before implementing collective redundancies, and failure to do so can result in a protective award of up to 90 days' pay, even where the company is insolvent.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3308177/2023
- Decision date
- 15 May 2025
- Hearing type
- full merits
- Hearing days
- —
- Classification
- contested
Respondent
- Sector
- education
- Represented
- No
Claimant representation
- Represented
- No