Cases3305250/2023

Claimant v Qube Qualifications and Development Limited

Outcome

Claimant succeeds£7,105

Individual claims

Failure to Inform & Consultsucceeded

The tribunal found that the respondent failed to comply with s188 TULR(C)A requirements to inform and consult with employee representatives before the collective redundancy. There was no recognised trade union or appointed or elected employee representatives, and the respondent failed to initiate consultation as required by law.

Otherwithdrawn

The claimant clarified that he was only seeking a protective award, and all other claims were dismissed upon withdrawal by the claimant.

Facts

The claimant was employed by Qube Qualifications and Development Limited, which went into creditors voluntary liquidation. The respondent made collective redundancies from its establishment at Bee House, Milton Park, Abingdon on 28 March 2023. The respondent failed to inform and consult with employee representatives as required by s188 TULR(C)A, as there was no recognised trade union or appointed or elected employee representatives.

Decision

The tribunal upheld the complaint that the respondent failed to comply with s188 TULR(C)A consultation requirements and made a protective award for the maximum period of 90 days. The claimant was awarded £7,104.90 representing 12.86 weeks' remuneration beginning on 28 March 2023. All other claims were dismissed upon withdrawal.

Practical note

Employers facing collective redundancies must comply with statutory consultation requirements under TULR(C)A s188, and failure to do so will result in protective awards for the maximum 90-day period.

Award breakdown

Legal authorities cited

Statutes

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

Case details

Case number
3305250/2023
Decision date
6 March 2025
Hearing type
full merits
Hearing days
Classification
contested

Respondent

Sector
education
Represented
No

Employment details

Claimant representation

Represented
No