Claimant v Qube Qualifications and Development Limited
Outcome
Individual claims
The tribunal found that 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's premises constituted an establishment for the purposes of the Act.
The complaint of breach of contract in relation to notice pay was well-founded. The claimant was entitled to 4 weeks' notice pay which was not paid by the respondent upon termination of employment.
Facts
The claimant was employed by Qube Qualifications and Development Limited, which entered Creditors Voluntary Liquidation. The employment ended on 28 March 2023. The respondent made collective redundancies at its Abingdon establishment without consulting with trade union or employee representatives as required by s188 TULR(C)A. The claimant was not paid notice pay. The Secretary of State was joined as second respondent due to the employer's insolvency.
Decision
The tribunal upheld the claims for failure to inform and consult under s188 TULR(C)A and breach of contract regarding notice pay. A protective award of 90 days (£7,666.49) was made for the consultation failure, and damages of £1,987.68 were awarded for the notice pay breach. Credit was to be given for any sums paid by the Redundancy Payments Service.
Practical note
Employers facing collective redundancies must consult with appropriate employee representatives even when entering insolvency, and failure to do so will result in a protective award of up to 90 days' pay per affected employee.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3305302/2023
- Decision date
- 6 March 2025
- Hearing type
- full merits
- Hearing days
- —
- Classification
- contested
Respondent
- Sector
- education
- Represented
- No
Claimant representation
- Represented
- No