Claimant v Qube Qualifications and Development Limited
Outcome
Individual claims
The tribunal found that the respondent failed to comply with the requirement under s188 TULR(C)A to inform and consult with employee representatives prior to collective redundancies. There was no recognised trade union or appointed or elected employee representatives, and the respondent failed to undertake the required consultation process before making redundancies at the establishment.
The tribunal upheld the breach of contract claim for notice pay, finding that the claimant was entitled to 4 weeks' notice pay which had not been provided by the respondent on termination of employment.
The tribunal upheld the breach of contract claim for unpaid expenses, specifically fuel expenses owed to the claimant, which the respondent had failed to reimburse.
Facts
The claimant was employed by Qube Qualifications and Development Limited, which went into Creditors Voluntary Liquidation. The company made redundancies from its establishment at Bee House, Milton Park, Abingdon on 28 March 2023. The respondent failed to inform or consult with employee representatives before making collective redundancies, as required by law. The claimant was owed 4 weeks' notice pay and fuel expenses at the time of termination.
Decision
The tribunal upheld all claims. It awarded a 90-day protective award of £6,306.29 for the employer's failure to consult on collective redundancies, £1,683.04 net notice pay for breach of contract, and £421.70 for unpaid fuel expenses. Credit was to be given for any payments already made by the Redundancy Payments Service.
Practical note
Employers entering insolvency must still comply with collective redundancy consultation obligations under TULR(C)A, and failure to do so will result in a protective award of up to 90 days' pay per affected employee.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 2600844/2023
- Decision date
- 10 March 2025
- Hearing type
- full merits
- Hearing days
- —
- Classification
- contested
Respondent
- Sector
- education
- Represented
- No
Claimant representation
- Represented
- No