Claimant v Qube Qualifications and Development Limited
Outcome
Individual claims
The tribunal found that the respondent failed to comply with s188 TULR(C)A requiring consultation with employee representatives before making redundancies. There was no recognised trade union or appointed or elected employee representatives for the purpose of s188(1B).
Claimant withdrew notice pay claim, confirming that her only claim was for a protective award.
Claimant withdrew redundancy payment claim, confirming that her only claim was for a protective award.
Facts
Miss Ramswell was employed by Qube Qualifications and Development Limited, which operated from premises in Milton Park, Abingdon. The company went into Creditors Voluntary Liquidation and made redundancies from 28 March 2023. The employer failed to consult with trade union or employee representatives before making the redundancies as required by law.
Decision
The tribunal upheld the complaint that the respondent failed to comply with s188 TULR(C)A requiring collective consultation before redundancies. A protective award of 90 days (the maximum period) was made, totalling £6,684.63. The claimant withdrew her other claims for notice pay and redundancy payment.
Practical note
Employers in liquidation remain liable for protective awards for failure to inform and consult before collective redundancies, with the maximum award of 90 days remuneration being appropriate where no consultation whatsoever took place.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3305186/2023
- Decision date
- 7 March 2025
- Hearing type
- full merits
- Hearing days
- —
- Classification
- contested
Respondent
- Sector
- education
- Represented
- No
Employment details
Claimant representation
- Represented
- No