Cases3303890/2023

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

24 April 2025Before Employment Judge Shastri-HurstEast of England

Outcome

Claimant succeeds£24,443

Individual claims

Failure to Inform & Consultsucceeded

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.

Breach of Contractsucceeded

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.

Unlawful Deduction from Wagessucceeded

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.

Redundancy Paysucceeded

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

Notice pay£4,551
Redundancy pay£6,923
Unpaid wages£3,077

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
3303890/2023
Decision date
24 April 2025
Hearing type
default judgment
Hearing days
Classification
default

Claimant representation

Represented
No