Claimant v Qube Qualifications and Development Limited
Outcome
Individual claims
The tribunal found the respondent failed to comply with s188 TULR(C)A requirements to inform and consult employee representatives before collective redundancies. There was no recognised trade union or appointed/elected employee representatives, and the respondent failed to fulfil its statutory consultation obligations before closing the establishment and making redundancies.
Withdrawn by claimant who confirmed her only claim was for a protective award.
Withdrawn by claimant who confirmed her only claim was for a protective award.
Notice pay claim withdrawn by claimant who confirmed her only claim was for a protective award.
Withdrawn by claimant who confirmed her only claim was for a protective award.
Facts
Qube Qualifications and Development Limited went into Creditors Voluntary Liquidation and made redundancies at its Oxfordshire establishment without complying with statutory consultation requirements under s188 TULR(C)A. There was no recognised trade union or elected employee representatives. The claimant brought claims for protective award and various contractual/statutory payments but withdrew all claims except the protective award.
Decision
The tribunal upheld the complaint that the respondent failed to comply with s188 TULR(C)A consultation requirements. The tribunal awarded the maximum protective award of 90 days' pay (£7,567.60) beginning 28 March 2023. All other claims were dismissed on withdrawal.
Practical note
Employers facing insolvency must still comply with collective consultation requirements under TULR(C)A; failure to do so results in the maximum 90-day protective award regardless of other unpaid sums.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3305183/2023
- Decision date
- 5 March 2025
- Hearing type
- full merits
- Hearing days
- —
- Classification
- contested
Respondent
- Sector
- education
- Represented
- No
Employment details
Claimant representation
- Represented
- No