Claimant v Qube Qualifications and Development Limited (in Creditors Voluntary Liquidation)
Outcome
Individual claims
The tribunal found that Qube Qualifications failed to comply with s188 TULR(C)A requirements to inform and consult with employee representatives before collective redundancies. There was no recognised trade union or appointed/elected employee representatives, and the respondent failed to consult as required by statute.
The tribunal upheld the claimant's complaint that the respondent failed to pay notice pay owed under her contract of employment. The tribunal awarded £3241.04 net pay as damages for this breach.
The tribunal found that the respondent failed to pay expenses owed to the claimant under her contract. The tribunal awarded £75.42 as damages for this breach of contract.
The claim for unpaid wages was dismissed upon withdrawal by the claimant.
The claim for holiday pay was dismissed upon withdrawal by the claimant.
The claim for redundancy payment was dismissed upon withdrawal by the claimant.
Facts
The claimant was employed by Qube Qualifications and Development Limited, which went into creditors voluntary liquidation. The company made collective redundancies from its establishment at Bee House, Milton Park, Abingdon on 28 March 2023. The company failed to inform and consult with employee representatives as required by s188 TULR(C)A, and failed to pay the claimant notice pay and expenses owed. The Redundancy Payments Service made some payments to the claimant.
Decision
The tribunal upheld all of the claimant's complaints that proceeded to judgment. It awarded a 90-day protective award (£6717.55), notice pay (£3241.04 net), and expenses (£75.42), totalling £10,033.97, with credit to be given for sums already paid by the Redundancy Payments Service. The claims for unpaid wages, holiday pay and redundancy payment were dismissed upon withdrawal.
Practical note
Employers facing insolvency must still comply with collective consultation obligations under s188 TULR(C)A, 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
- 3305176/2023
- Decision date
- 5 March 2025
- Hearing type
- full merits
- Hearing days
- —
- Classification
- contested
Respondent
- Sector
- education
- Represented
- No
Claimant representation
- Represented
- No