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

The respondent failed to comply with s188 TULR(C)A requiring consultation with employee representatives before collective redundancies. There was no recognised trade union or appointed/elected employee representatives, and the respondent failed to undertake the required consultation process before dismissing 20+ employees from the establishment.

The respondent failed to pay the claimant notice pay on termination. The claimant was entitled to 12 weeks' notice and the respondent breached the contract by failing to provide payment in lieu of this notice period.

The respondent made an unauthorised deduction from the claimant's wages for the period 1 to 28 March 2023. The claimant was owed £5,000 in gross wages which the respondent failed to pay without lawful justification.

The respondent failed to pay accrued but untaken holiday pay on termination as required by regulations 14(2) and/or 16(1) of the Working Time Regulations 1998. The claimant was owed £2,000 in unpaid holiday entitlement.

The claimant was dismissed by reason of redundancy when the respondent entered creditors voluntary liquidation. Under s163 ERA 1996, the claimant established entitlement to a statutory redundancy payment based on their age, length of service and weekly pay.