Cases3305266/2023

Claimant v Qube Qualifications and Development Limited

6 March 2025Before Employment Judge Shastri-HurstEast of England

Outcome

Claimant succeeds£12,580

Individual claims

Failure to Inform & Consultsucceeded

The tribunal found that the respondent failed to comply with s188 of TULR(C)A 1992 by failing to inform and consult with employee representatives prior to collective redundancies. There was no recognised trade union or appointed/elected employee representatives. A protective award of 90 days was made.

Breach of Contractsucceeded

The complaint of breach of contract in relation to notice pay was well-founded. The respondent failed to pay the claimant 4 weeks' notice pay amounting to £1691.52 net.

Redundancy Paysucceeded

Under section 163 Employment Rights Act 1996, the tribunal determined that the claimant was entitled to a statutory redundancy payment of £1059.22.

Holiday Paysucceeded

The complaint in respect of holiday pay was well-founded. The respondent failed to pay accrued but untaken holiday pay in accordance with regulation 14(2) and/or 16(1) of the Working Time Regulations 1998, amounting to £900.33.

Unlawful Deduction from Wagessucceeded

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, amounting to £2118.44 gross.

Facts

The claimant was employed by Qube Qualifications and Development Limited, which entered creditors voluntary liquidation. The company made collective redundancies with effect from 28 March 2023. The employer failed to inform and consult with employee representatives prior to the redundancies, and failed to pay the claimant's final wages, notice pay, holiday pay, and statutory redundancy payment. The Secretary of State for Business and Trade was joined as second respondent.

Decision

The tribunal upheld all claims. The respondent failed to comply with the duty to inform and consult under s188 TULR(C)A 1992, and a protective award of 90 days was made. The claimant was awarded notice pay, redundancy pay, holiday pay, and unpaid wages, with credit to be given for any payments made by the Redundancy Payments Service.

Practical note

Employers must comply with collective redundancy consultation obligations under s188 TULR(C)A 1992 even when facing insolvency, or face a protective award of up to 90 days' pay per affected employee.

Award breakdown

Notice pay£1,692
Holiday pay£900
Arrears of pay£2,118
Redundancy pay£1,059
Unpaid wages£2,118

Legal authorities cited

Statutes

Working Time Regulations 1998 reg 14(2)TULR(C)A 1992 s.188Working Time Regulations 1998 reg 16(1)TULR(C)A 1992 s.188(1B)ERA 1996 s.163

Case details

Case number
3305266/2023
Decision date
6 March 2025
Hearing type
full merits
Hearing days
Classification
contested

Respondent

Sector
education
Represented
No

Employment details

Claimant representation

Represented
No