Claimant v Qube Qualifications and Development Limited
Outcome
Individual claims
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.
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.
Under section 163 Employment Rights Act 1996, the tribunal determined that the claimant was entitled to a statutory redundancy payment of £1059.22.
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.
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
Legal authorities cited
Statutes
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