Claimant v Qube Qualifications and Development Limited
Outcome
Individual claims
The respondent failed to comply with s188 TULR(C)A requiring consultation with employee representatives before collective redundancies. There was no recognised trade union or appointed/elected employee representatives, and the respondent did not undertake the required consultation process before making redundancies at the establishment.
All other claims were dismissed upon withdrawal by the claimant, who confirmed that the only claim being pursued was the protective award claim.
Facts
The claimant was made redundant from Qube Qualifications and Development Limited on 28 March 2023. The company, which has since entered creditors voluntary liquidation, operated from premises at Milton Park, Abingdon, which constituted an establishment for redundancy consultation purposes. The employer failed to consult with employee representatives before making collective redundancies, as there was no recognised trade union and no employee representatives had been appointed or elected.
Decision
The tribunal upheld the complaint that the respondent failed to comply with section 188 TULR(C)A requiring consultation before collective redundancies. The tribunal made a protective award of the maximum 90 days (12.86 weeks) remuneration totalling £8,532.10, beginning from the date of dismissal on 28 March 2023. All other claims were dismissed upon withdrawal.
Practical note
Employers must ensure proper consultation procedures are followed before collective redundancies, including appointing or electing employee representatives where no trade union is recognised, or face protective awards of up to 90 days' pay per affected employee.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3305261/2023
- Decision date
- 6 March 2025
- Hearing type
- full merits
- Hearing days
- —
- Classification
- contested
Respondent
- Sector
- education
- Represented
- No
Employment details
Claimant representation
- Represented
- No