Claimant v Qube Qualifications and Development Limited
Outcome
Individual claims
The tribunal found that the respondent failed to comply with its obligations under s188 TULR(C)A to inform and consult with employee representatives prior to collective redundancy. There was no recognised trade union or appointed/elected employee representatives for consultation purposes.
The tribunal found the respondent breached the claimant's employment contract by failing to pay notice pay. The claimant was entitled to 9 weeks' notice pay calculated on net pay basis, amounting to £3,892.05.
Dismissed upon withdrawal by the claimant.
Facts
The claimant was employed by Qube Qualifications and Development Limited, which went into Creditors Voluntary Liquidation. The company made collective redundancies from its Oxfordshire premises without consulting with employee representatives or a recognised trade union. The claimant's employment ended on 28 March 2023 and she was not paid her 9 weeks' notice. The Redundancy Payments Service was involved as the second respondent.
Decision
The tribunal upheld the complaint that the respondent failed to comply with its statutory duty to inform and consult under s188 TULR(C)A. A protective award of 90 days (£7,171.89) was made. The tribunal also found the respondent breached the claimant's contract by failing to pay notice (£3,892.05). Credit was given for sums paid by the Redundancy Payments Service.
Practical note
Employers entering insolvency must still comply with collective consultation obligations under s188 TULR(C)A or face a protective award of up to 90 days' pay per affected employee.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3305199/2023
- Decision date
- 10 March 2025
- Hearing type
- default judgment
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- education
- Represented
- No
Claimant representation
- Represented
- No