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 of TULR(C)A which requires employers to inform and consult with employee representatives before making 20 or more redundancies at one establishment. There was no recognised trade union or appointed or elected employee representatives, and the respondent failed to undertake the required consultation process before the collective redundancy on 28 March 2023.
Facts
The claimant was employed by Qube Qualifications and Development Limited which went into Creditors Voluntary Liquidation. The respondent made 20 or more employees redundant from its establishment at Bee House, Milton Park, Abingdon on 28 March 2023. There was no recognised trade union and no employee representatives were appointed or elected. The respondent failed to inform and consult with employees before making the collective redundancies as required by s188 TULR(C)A.
Decision
The tribunal upheld the complaint that the respondent failed to comply with s188 TULR(C)A regarding collective redundancy consultation. The tribunal awarded the maximum protective award of 90 days, calculated at the claimant's weekly pay of £538.26, totalling £6,924.60 for the protected period beginning 28 March 2023.
Practical note
Employers making 20 or more redundancies must consult with employee representatives at least 45 days before dismissals, and failure to do so results in a protective award of up to 90 days' pay per affected employee.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3308175/2023
- Decision date
- 15 May 2025
- Hearing type
- full merits
- Hearing days
- —
- Classification
- contested
Respondent
- Sector
- education
- Represented
- No
Employment details
Claimant representation
- Represented
- No