Cases3308176/2023

Claimant v Qube Qualifications and Development Limited (in Creditors Voluntary Liquidation)

15 May 2025Before Employment Judge Shastri-HurstEast of England

Outcome

Claimant succeeds£6,677

Individual claims

Failure to Inform & Consultsucceeded

The tribunal found that the respondent failed to comply with the requirement of s188 TULR(C)A to consult with employee representatives before collective redundancies. There was no recognised trade union or appointed or elected employee representatives, and the respondent failed to conduct the required consultation process before dismissing 20 or more employees at the establishment.

Facts

The respondent, Qube Qualifications and Development Limited, went into creditors voluntary liquidation and made collective redundancies at its establishment in Abingdon, Oxfordshire. The claimant was one of the affected employees dismissed on 28 March 2023. The respondent failed to inform and consult with employee representatives before implementing the redundancies, despite dismissing 20 or more employees at one establishment.

Decision

The tribunal upheld the complaint that the respondent failed to comply with s188 TULR(C)A regarding collective redundancy consultation. The tribunal made a protective award in favour of the claimant for the maximum period of 90 days, ordering payment of £6,677.30 for remuneration covering the protected period beginning 28 March 2023.

Practical note

Employers must consult with employee representatives before implementing collective redundancies of 20 or more employees at one establishment, and failure to do so will result in a protective award of up to 90 days' pay.

Award breakdown

Legal authorities cited

Statutes

TULR(C)A 1992 s.188TULR(C)A 1992 s.188(1B)

Case details

Case number
3308176/2023
Decision date
15 May 2025
Hearing type
full merits
Hearing days
Classification
contested

Claimant representation

Represented
No