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 inform and consult with employee representatives prior to collective redundancies. There was no recognised trade union or appointed/elected employee representatives at the establishment.
The claimant was entitled to 4 weeks' notice pay which was not paid by the respondent. The tribunal found the breach of contract claim well-founded and awarded damages calculated on net pay.
The claimant's claim for unpaid wages was withdrawn and dismissed upon withdrawal by the tribunal.
Facts
The claimant was employed by Qube Qualifications and Development Limited which entered creditors voluntary liquidation. The employer made collective redundancies from its establishment at Bee House, Milton Park, Abingdon, with dismissals effective 28 March 2023. The employer failed to inform or consult with employee representatives as required under collective redundancy legislation, and also failed to pay the claimant's notice pay.
Decision
The tribunal upheld the claimant's complaints of failure to inform and consult under s188 TULR(C)A and breach of contract for unpaid notice. It awarded a protective award of £6,801.01 covering the maximum 90-day protected period, plus £1,762.08 for 4 weeks' notice pay (net), with credit for any sums paid by the Redundancy Payments Service.
Practical note
Employers in insolvency proceedings remain liable for protective awards where they fail to comply with collective redundancy consultation requirements, and the Secretary of State stands as second respondent to ensure awards can be paid via the National Insurance Fund.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3305200/2023
- Decision date
- 7 March 2025
- Hearing type
- full merits
- Hearing days
- —
- Classification
- contested
Respondent
- Sector
- education
- Represented
- No
Claimant representation
- Represented
- No