Claimant v Qube Qualifications and Development Limited
Outcome
Individual claims
The tribunal found that the respondent failed to comply with s188 of TULR(C)A 1992, which requires consultation with employee representatives before collective redundancies. There was no recognised trade union or appointed/elected employee representatives, and the respondent did not fulfil its obligation to inform and consult, resulting in a protective award.
The tribunal upheld the complaint of breach of contract in relation to notice pay. The claimant was entitled to 4 weeks' notice pay but did not receive it. The respondent breached the employment contract by failing to provide proper notice or payment in lieu.
Facts
The claimant was employed by Qube Qualifications and Development Limited, which went into creditors voluntary liquidation. The claimant's employment ended on 28 March 2023. The respondent made collective redundancies but failed to inform or consult with employee representatives as required by s188 TULR(C)A 1992. There was no recognised trade union or elected employee representatives. The claimant also did not receive notice pay to which she was entitled.
Decision
The tribunal upheld both claims. The respondent breached its statutory duty to inform and consult under s188 TULR(C)A, resulting in a protective award of 90 days (£7,666.49). The respondent also breached contract by failing to pay 4 weeks' notice pay (£1,987.68 net). Credit was to be given for any amounts already paid by the Redundancy Payments Service.
Practical note
Employers facing insolvency must still comply with collective redundancy consultation obligations under TULR(C)A 1992, and failure to do so results in protective awards of up to 90 days' pay per affected employee.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 1303940/2023
- Decision date
- 10 March 2025
- Hearing type
- full merits
- Hearing days
- —
- Classification
- contested
Respondent
- Sector
- education
- Represented
- No
Claimant representation
- Represented
- No