Claimant v Qube Qualifications and Development Limited
Outcome
Individual claims
The tribunal found that the respondent failed to comply with s188 TULR(C)A requirements to inform and consult with employee representatives before making collective redundancies. There was no recognised trade union or appointed/elected employee representatives, and the respondent did not fulfill its statutory consultation obligations.
The tribunal found the respondent breached the claimant's contract by failing to provide proper notice pay. The claimant was entitled to 9 weeks' notice pay which was not paid in full by the respondent.
Facts
The claimant was employed by Qube Qualifications and Development Limited, which went into creditors voluntary liquidation. The company made collective redundancies from its Abingdon premises without complying with statutory consultation requirements under s188 TULR(C)A. There was no recognised trade union or elected employee representatives. The claimant was dismissed without proper notice pay.
Decision
The tribunal upheld both claims. It awarded a maximum protective award of 90 days (£8,284.80) for the failure to inform and consult on collective redundancies. It also awarded notice pay of £4,783.77 (9 weeks' net pay) for breach of contract, with credit to be given for sums already paid by the Redundancy Payments Service.
Practical note
Employers must comply with collective consultation obligations under s188 TULR(C)A before making redundancies; failure to do so results in a protective award of up to 90 days' pay per affected employee, even where the employer is insolvent.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 1802690/2023
- Decision date
- 5 March 2025
- Hearing type
- default judgment
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- education
- Represented
- No
Claimant representation
- Represented
- No