Claimant v Qube Qualifications and Development Limited
Outcome
Individual claims
The tribunal found that the respondent failed to comply with the requirements of s188 TULR(C)A regarding consultation prior to collective redundancies. There was no recognised trade union or appointed/elected employee representatives, and no proper consultation took place before the dismissals.
The tribunal found the complaint of breach of contract in relation to notice pay was well-founded. The claimant was entitled to 4 weeks' notice pay which was not provided by the respondent.
Facts
The claimant was employed by Qube Qualifications and Development Limited, which went into creditors voluntary liquidation. The employer dismissed multiple employees on 28 March 2023 in a collective redundancy situation without proper consultation with trade unions or employee representatives. The claimant was owed notice pay and brought claims against both the insolvent employer and the Secretary of State.
Decision
The tribunal upheld the claim for failure to inform and consult under s188 TULR(C)A, awarding a protective award of 90 days (£6,430). The tribunal also found the breach of contract claim for notice pay succeeded, awarding £2,000 for 4 weeks' notice. Credit was to be given for payments already made by the Redundancy Payments Service.
Practical note
Employers facing collective redundancies must consult with trade unions or employee representatives even when entering insolvency, or face the maximum 90-day protective award.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 1303307/2023
- Decision date
- 10 March 2025
- Hearing type
- full merits
- Hearing days
- —
- Classification
- contested
Respondent
- Sector
- education
- Represented
- No
Claimant representation
- Represented
- No