Cases1803191/2023

Claimant v Qube Qualifications and Development Limited

Outcome

Claimant succeeds£4,946

Individual claims

Failure to Inform & Consultsucceeded

The tribunal found that the respondent failed to comply with the requirements of section 188 of TULR(C)A 1992 regarding consultation on collective redundancies. There was no recognised trade union or appointed/elected employee representatives, and the respondent failed to inform and consult employees before implementing redundancies at the establishment.

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, Oxfordshire without consulting with employees or their representatives. There was no recognised trade union and no employee representatives were appointed or elected. The protected period began on 28 March 2023.

Decision

The tribunal upheld the complaint that the respondent breached section 188 of TULR(C)A 1992 by failing to inform and consult on collective redundancies. The tribunal awarded a protective award of 90 days (the maximum period) remuneration totalling £4,946.21.

Practical note

Employers must comply with collective consultation obligations under section 188 TULR(C)A even when facing insolvency, or face protective awards of up to 90 days' pay per affected employee.

Award breakdown

Legal authorities cited

Statutes

TULR(C)A 1992 s.188TULR(C)A 1992 s.188(1B)

Case details

Case number
1803191/2023
Decision date
10 March 2025
Hearing type
full merits
Hearing days
Classification
contested

Respondent

Sector
education
Represented
No

Claimant representation

Represented
No