Claimant v Qube Qualifications and Development Limited
Outcome
Individual claims
The tribunal found that the respondent failed to comply with section 188 of TULR(C)A regarding collective consultation before redundancy dismissals. There was no recognised trade union or appointed/elected employee representatives, and the respondent did not conduct the required consultation process before making redundancies.
The tribunal upheld the complaint that the respondent breached the claimant's contract by failing to pay notice pay upon termination. The claimant was entitled to notice pay which was not provided.
Withdrawn by claimant.
Withdrawn by claimant.
Under section 163 Employment Rights Act 1996, the tribunal determined that the claimant was entitled to a statutory redundancy payment following her dismissal by reason of redundancy when the company entered creditors voluntary liquidation.
Facts
The claimant was employed by Qube Qualifications and Development Limited, which operated from premises in Milton Park, Abingdon. The company entered creditors voluntary liquidation and dismissed the claimant by reason of redundancy on 28 March 2023. The respondent failed to conduct collective consultation with employees or their representatives before making the redundancies, and failed to pay notice pay. The claimant brought claims for protective award, notice pay, unpaid wages, holiday pay, and redundancy payment, with the Secretary of State for Business and Trade joined as second respondent.
Decision
The tribunal upheld the claims for failure to inform and consult, breach of contract (notice pay), and redundancy pay. The respondent was ordered to pay a protective award of £8,655.81 (90 days remuneration), notice pay of £2,059.08, and redundancy pay of £1,346.16. The claims for unpaid wages and holiday pay were dismissed upon withdrawal. Credit was to be given for sums already paid by the Redundancy Payments Service.
Practical note
Employers must comply with collective consultation obligations under s.188 TULR(C)A before making redundancies, even when entering insolvency, or face protective awards of up to 90 days pay per affected employee.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3304199/2023
- Decision date
- 7 March 2025
- Hearing type
- full merits
- Hearing days
- —
- Classification
- contested
Respondent
- Sector
- education
- Represented
- No
Claimant representation
- Represented
- No