Claimant v Qube Qualifications and Development Limited
Outcome
Individual claims
The tribunal found the respondent failed to comply with its duty under s188 TULR(C)A to consult with employee representatives before making collective redundancies. There was no recognised trade union or appointed or elected employee representatives, and the respondent failed to undertake the required consultation process at its Abingdon establishment.
The respondent failed to pay the claimant her contractual notice pay of 10 weeks upon termination. The tribunal calculated this at £4,795.70 net, representing a clear breach of the claimant's employment contract.
The respondent made an unauthorised deduction from the claimant's wages for the period 1 to 28 March 2023, totalling £2,230.76 gross. This was an unlawful deduction as the claimant had worked but was not paid for this period.
Under s163 Employment Rights Act 1996, the tribunal determined the claimant was entitled to a statutory redundancy payment of £5,576.90 following her dismissal by reason of redundancy when the respondent entered creditors voluntary liquidation.
Facts
The claimant was employed by Qube Qualifications and Development Limited until 28 March 2023 when the company entered creditors voluntary liquidation. The respondent made collective redundancies from its Abingdon establishment without consulting with employee representatives as required by law. The claimant was not paid her wages for March 2023, did not receive notice pay, and was not paid her statutory redundancy entitlement. The respondent did not participate in the proceedings.
Decision
The tribunal upheld all of the claimant's claims. The respondent was ordered to pay a protective award of £7,171.89 for failure to consult, notice pay of £4,795.70, unpaid wages of £2,230.76, and redundancy pay of £5,576.90, totalling £19,775.25. Credit was to be given for sums already paid by the Redundancy Payments Service.
Practical note
When a company enters insolvency and makes collective redundancies, it must still comply with its duty to inform and consult under s188 TULR(C)A or face a protective award of up to 90 days' pay per affected employee.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3303893/2023
- Decision date
- 24 April 2025
- Hearing type
- default judgment
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- education
- Represented
- No
Employment details
Claimant representation
- Represented
- No