Claimant v Qube Qualifications and Development Limited
Outcome
Individual claims
The respondent failed to comply with the requirement under s188 TULR(C)A to consult with employee representatives before making redundancies. There was no recognised trade union or appointed or elected employee representatives, and the respondent made no attempt to facilitate such consultation before the collective redundancy dismissals at its Milton Park establishment.
Facts
The respondent company, Qube Qualifications and Development Limited, went into creditors voluntary liquidation and made redundancies at its Milton Park, Abingdon establishment. The claimant was employed at this establishment and was dismissed on 28 March 2023 as part of a collective redundancy. The respondent failed to consult with employee representatives or a recognised trade union before making the redundancies, and did not appoint or elect employee representatives for this purpose.
Decision
The tribunal upheld the complaint that the respondent failed to comply with s188 TULR(C)A requirements to inform and consult. The tribunal awarded the maximum protective award of 90 days remuneration totalling £6,677.30 for the protected period beginning 28 March 2023.
Practical note
Employers facing collective redundancies must consult with employee representatives even during insolvency proceedings, 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
- 3308172/2023
- Decision date
- 15 May 2025
- Hearing type
- full merits
- Hearing days
- —
- Classification
- contested
Respondent
- Sector
- education
- Represented
- No
Claimant representation
- Represented
- No