Claimant v Qube Qualifications and Development Limited
Outcome
Individual claims
The tribunal found that the respondent failed to comply with the requirement under s188 TULR(C)A to consult with employee representatives before making collective redundancies. There was no recognised trade union or appointed or elected employee representatives, and the employer failed to initiate the required consultation process before the redundancy dismissals on 28 March 2023.
Facts
The claimant was employed by Qube Qualifications and Development Limited, which went into Creditors Voluntary Liquidation. The company made redundancies affecting employees at its establishment in Abingdon, Oxfordshire on 28 March 2023. The employer failed to consult with employee representatives or a recognised trade union before making the collective redundancies, as required by s188 TULR(C)A.
Decision
The tribunal upheld the complaint that the respondent failed to comply with s188 TULR(C)A consultation requirements. The tribunal made a protective award in favour of the claimant for 90 days (the maximum period) beginning 28 March 2023, totalling £6,677.30.
Practical note
Employers must comply with collective redundancy consultation requirements even when facing insolvency, 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
- 3200832/2023
- Decision date
- 10 March 2025
- Hearing type
- full merits
- Hearing days
- —
- Classification
- contested
Respondent
- Sector
- education
- Represented
- No
Claimant representation
- Represented
- No