Claimant v Qube Qualifications and Development Limited
Outcome
Individual claims
The tribunal found that the respondent failed to comply with s188 TULR(C)A 1992 regarding collective consultation prior to redundancy. There was no recognised trade union or appointed or elected employee representatives, and the respondent failed to inform and consult appropriate representatives before the redundancies took effect on 28 March 2023.
The tribunal determined under s163 ERA 1996 that the claimant was entitled to a statutory redundancy payment following her redundancy dismissal. The respondent failed to pay this sum, and the claimant succeeded in her claim for £2456.24.
The complaint of breach of contract in relation to notice pay was well-founded. The respondent failed to pay the claimant her contractual notice entitlement of 4 weeks' pay upon termination of employment.
The complaint in respect of holiday pay was well-founded. The respondent failed to pay the claimant accrued but untaken holiday pay in accordance with regulation 14(2) and/or 16(1) of the Working Time Regulations 1998 upon termination 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 wages owed for work done during this period.
Facts
The claimant was employed by Qube Qualifications and Development Limited until 28 March 2023 when she was made redundant as part of collective redundancies. The respondent company entered creditors voluntary liquidation. The respondent failed to consult with employees prior to the redundancies and failed to pay the claimant her notice pay, redundancy payment, holiday pay, and wages for March 2023. The claimant brought claims against both the insolvent employer and the Secretary of State.
Decision
The tribunal upheld all of the claimant's claims. The respondent failed to comply with collective consultation requirements under s188 TULR(C)A, resulting in a 90-day protective award. The tribunal also found breaches in relation to notice pay, redundancy payment, holiday pay and unpaid wages. Total awards of £14,421 were ordered, with credit to be given for payments already made by the Redundancy Payments Service.
Practical note
When an employer enters insolvency and makes collective redundancies without proper consultation, employees can succeed in claims for protective awards and statutory payments against both the insolvent employer and the Secretary of State, with the state acting as guarantor for certain capped amounts.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3305224/2023
- Decision date
- 7 March 2025
- Hearing type
- default judgment
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- education
- Represented
- No
Claimant representation
- Represented
- No