Cases3305289/2023

Claimant v Qube Qualifications and Development Limited (in Creditors Voluntary Liquidation)

Outcome

Claimant succeeds£8,139

Individual claims

Failure to Inform & Consultsucceeded

The tribunal found that the respondent failed to comply with its obligations under s188 TULR(C)A to inform and consult with employees or employee representatives prior to making 20+ redundancies at the establishment. There was no recognised trade union or appointed/elected employee representatives, and the respondent failed to initiate the required consultation process before the redundancy dismissals.

Facts

The claimant was employed by Qube Qualifications and Development Limited, which went into Creditors Voluntary Liquidation. The respondent made 20 or more redundancies at its establishment in Abingdon, Oxfordshire around March 2023. The respondent failed to inform or consult with employees or employee representatives as required by law before making the redundancies. There was no recognised trade union or appointed/elected employee representatives at the establishment.

Decision

The tribunal upheld the complaint that the respondent breached its obligations under s188 TULR(C)A to inform and consult on collective redundancies. The tribunal made a protective award in favour of the claimant for the maximum period of 90 days, totalling £8,138.84, beginning on 28 March 2023.

Practical note

Employers making 20+ redundancies at an establishment must comply with collective consultation obligations under s188 TULR(C)A or face protective awards of up to 90 days' pay, even when entering insolvency.

Award breakdown

Legal authorities cited

Statutes

TULR(C)A 1992 s.188TULR(C)A 1992 s.188(1B)

Case details

Case number
3305289/2023
Decision date
6 March 2025
Hearing type
full merits
Hearing days
Classification
contested

Employment details

Claimant representation

Represented
No