Cases→3303891/2023

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

24 April 2025Before Employment Judge Shastri-HurstMidlands East

Outcome

Claimant succeeds£13,552

Individual claims

Failure to Inform & Consultsucceeded

The respondent failed to comply with s188 TULR(C)A requirements to inform and consult regarding collective redundancies. There was no recognised trade union or appointed/elected employee representatives for consultation purposes. The tribunal upheld the complaint and made a protective award for the maximum 90-day protected period.

Breach of Contractsucceeded

The respondent failed to pay the claimant's contractual notice pay. The tribunal found the complaint well-founded and awarded damages equivalent to 4 weeks' notice pay calculated on net pay basis.

Unlawful Deduction from Wagessucceeded

The respondent made an unauthorised deduction from the claimant's wages for the period 1 to 28 March 2023. The tribunal found the complaint well-founded and ordered payment of the gross sum deducted.

Redundancy Paysucceeded

Under s163 Employment Rights Act 1996, the tribunal determined the claimant was entitled to a statutory redundancy payment following her redundancy dismissal.

Facts

The claimant was employed by Qube Qualifications and Development Limited until 28 March 2023 when the company went into creditors voluntary liquidation. The respondent dismissed employees through collective redundancy without informing or consulting with employees as required under s188 TULR(C)A, and failed to pay wages for March 2023, notice pay, and redundancy pay. The respondent did not defend the claim.

Decision

The tribunal upheld all claims in a default judgment. The respondent breached s188 TULR(C)A by failing to inform and consult on collective redundancies, entitling the claimant to a 90-day protective award of £7,171.89. The respondent was also ordered to pay £1,918.28 notice pay, £2,230.76 unpaid wages, and £2,230.76 redundancy pay, with credit for any Redundancy Payments Service payments.

Practical note

Employers facing insolvency must still comply with collective redundancy consultation obligations under s188 TULR(C)A or face maximum 90-day protective awards for each affected employee.

Award breakdown

Notice pay£1,918
Redundancy pay£2,231
Unpaid wages£2,231

Legal authorities cited

Statutes

Trade Union and Labour Relations (Consolidation) Act 1992 s.188Trade Union and Labour Relations (Consolidation) Act 1992 s.188(1B)Employment Rights Act 1996 s.163

Case details

Case number
3303891/2023
Decision date
24 April 2025
Hearing type
default judgment
Hearing days
—
Classification
default

Respondent

Name
Qube Qualifications and Development Limited (in Creditors Voluntary Liquidation)
Sector
education
Represented
No

Employment details

Claimant representation

Represented
No
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