Claimant v Qube Qualifications and Development Limited
Outcome
Individual claims
The tribunal found that the respondent failed to comply with s188 TULR(C)A by not consulting with employee representatives or a recognised trade union before making redundancies at the establishment. There were no appointed or elected employee representatives, and the respondent did not fulfil its consultation obligations.
The respondent failed to pay the claimant notice pay. The tribunal awarded damages equivalent to 4 weeks' pay (the claimant's contractual notice period) calculated at net pay of £1,738.44.
The respondent failed to reimburse the claimant for expenses (mileage). The tribunal awarded £98.63 as damages for this breach of contract.
Facts
Mrs Davis was employed by Qube Qualifications and Development Limited, which went into creditors voluntary liquidation. The company made redundancies at its Abingdon establishment without complying with consultation requirements under s188 TULR(C)A. There was no recognised trade union and no employee representatives were appointed or elected. The claimant was not paid notice pay or reimbursed for expenses.
Decision
The tribunal upheld all claims. The respondent failed to consult on collective redundancies and the tribunal awarded a protective award of £6,553.71 for the maximum 90-day period. The tribunal also awarded £1,738.44 for notice pay (4 weeks net) and £98.63 for unpaid expenses. 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 s188 TULR(C)A or face protective awards of up to 90 days' pay per affected employee.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 1304022/2023
- Decision date
- 10 March 2025
- Hearing type
- full merits
- Hearing days
- —
- Classification
- contested
Respondent
- Sector
- education
- Represented
- No
Claimant representation
- Represented
- No