Claimant v Qube Qualifications and Development Limited
Outcome
Individual claims
The tribunal found that the respondent failed to comply with s188 TULR(C)A requirements to consult with trade union or employee representatives before making redundancies at the establishment. There was no recognised trade union or appointed/elected employee representatives, and the respondent failed to inform and consult as required by statute.
The complaint of breach of contract in relation to notice pay was well-founded. The respondent failed to pay the claimant 5 weeks' notice pay to which she was entitled under her contract of employment.
The complaint of unauthorised deductions from wages was well-founded. The respondent made an unauthorised deduction from the claimant's wages in the period 1 to 28 March 2023, failing to pay £4000 in gross wages owed.
Dismissed upon withdrawal as the claimant clarified she was only seeking notice pay, unpaid wages and a protective award.
Dismissed upon withdrawal as the claimant clarified she was only seeking notice pay, unpaid wages and a protective award.
Facts
The claimant was employed by Qube Qualifications and Development Limited, which went into Creditors Voluntary Liquidation. The company made redundancies at its establishment at Bee House, Milton Park, Abingdon without consulting with trade union or employee representatives as required by statute. The claimant was not paid her final wages for March 2023 or notice pay. The Secretary of State was joined as second respondent due to the company's insolvency.
Decision
The tribunal upheld all three substantive claims. The respondent failed to comply with statutory consultation requirements under s188 TULR(C)A, resulting in a 90-day protective award of £12,860. The respondent also unlawfully deducted £4,000 in wages and failed to pay £3,850.80 in notice pay. Credit was to be given for sums paid by the Redundancy Payments Service.
Practical note
Employers facing insolvency must still comply with collective consultation obligations under TULR(C)A before making redundancies, 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
- 3305241/2023
- Decision date
- 7 March 2025
- Hearing type
- full merits
- Hearing days
- —
- Classification
- contested
Respondent
- Sector
- education
- Represented
- No
Employment details
Claimant representation
- Represented
- No