Claimant v Qube Qualifications and Development Limited (in Creditors Voluntary Liquidation)
Outcome
Individual claims
The tribunal found that 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, and the respondent did not fulfil its statutory obligations before making redundancies at the establishment.
The tribunal upheld the complaint for breach of contract in relation to notice pay. The respondent failed to pay the claimant the 8 weeks' notice pay to which she was entitled upon termination of employment.
The tribunal found the respondent made an unauthorised deduction from the claimant's wages for the period 1 to 28 March 2023. The claimant was not paid wages owed for work performed during this period before the employment ended.
Under s163 Employment Rights Act 1996, the tribunal determined the claimant was entitled to a statutory redundancy payment. The respondent failed to make this payment following the claimant's redundancy dismissal.
Facts
The claimant was employed by Qube Qualifications and Development Limited until 28 March 2023 when she was made redundant. The respondent company entered creditors voluntary liquidation. The respondent failed to pay the claimant's wages for March 2023, failed to pay notice pay of 8 weeks, and failed to pay statutory redundancy. Critically, the respondent also failed to comply with statutory requirements under s188 TULR(C)A to inform and consult about collective redundancies at the establishment.
Decision
The tribunal upheld all claims in a default judgment. The respondent was ordered to pay a protective award of £9,892.30 for 90 days for failure to inform and consult, £4,551.12 notice pay, £3,076.92 unpaid wages, and £6,923.07 statutory redundancy payment, totalling £24,443.41. Credit is to be given for sums already paid by the Redundancy Payments Service.
Practical note
Employers facing insolvency must still comply with collective consultation requirements under TULR(C)A s188, and failure to do so will result in protective awards of up to 90 days' pay in addition to other statutory entitlements.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3303890/2023
- Decision date
- 24 April 2025
- Hearing type
- default judgment
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- education
- Represented
- No
Claimant representation
- Represented
- No