Claimant v Qube Qualifications and Development Limited (in Creditors Voluntary Liquidation)
Outcome
Individual claims
The tribunal found that the respondent failed to comply with s188 TULR(C)A requirements to consult with employee representatives before making redundancies. There was no recognised trade union or appointed/elected employee representatives, and the employer failed to properly inform and consult affected employees about the collective redundancy.
The tribunal found the complaint of breach of contract in relation to notice pay well-founded. The claimant was entitled to 10 weeks' notice pay which was not provided by the respondent upon termination of employment.
Withdrawn by claimant
Facts
The claimant was employed by Qube Qualifications and Development Limited, which entered creditors voluntary liquidation. The employer made redundancies affecting employees at its Abingdon establishment without consulting with trade union or employee representatives as required by law. The claimant was dismissed without proper notice pay or consultation on 28 March 2023.
Decision
The tribunal upheld claims for failure to inform and consult under s188 TULR(C)A and breach of contract for notice pay. A protective award of 90 days (£7,389.48) was made for the consultation failure, and £4,543.60 was awarded for 10 weeks' notice pay. Credit was to be given for sums paid by the Redundancy Payments Service.
Practical note
Employers entering insolvency must still comply with collective redundancy consultation obligations, 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
- 3305197/2023
- Decision date
- 10 March 2025
- Hearing type
- full merits
- Hearing days
- —
- Classification
- contested
Respondent
- Sector
- education
- Represented
- No
Claimant representation
- Represented
- No