Cases3305217/2023

Claimant v Qube Qualifications and Development Limited (in Creditors Voluntary Liquidation)

5 March 2025Before Employment Judge Shastri-HurstEast of England

Outcome

Claimant succeeds£8,910

Individual claims

Failure to Inform & Consultsucceeded

The tribunal found that the respondent failed to comply with the requirement of s188 TULR(C)A to inform and consult employee representatives prior to collective redundancies. There was no recognised trade union or appointed or elected employee representatives, and the respondent failed to discharge its obligations under the statute.

Facts

The claimant was employed by Qube Qualifications and Development Limited, which entered creditors voluntary liquidation. The company made collective redundancies from its premises at Bee House, Milton Park, Abingdon on or around 28 March 2023. The respondent failed to inform and consult with employee representatives before making the redundancies, and there was no recognised trade union or elected employee representatives in place.

Decision

The tribunal upheld the complaint that the respondent failed to comply with s188 TULR(C)A regarding collective redundancy consultation. A protective award of 90 days was made in favour of the claimant, representing the maximum period available, amounting to £8,909.54 for 12.86 weeks of remuneration starting from 28 March 2023.

Practical note

Employers facing collective redundancies must comply with statutory consultation requirements under s188 TULR(C)A or face the maximum protective award of 90 days' pay per affected employee.

Award breakdown

Legal authorities cited

Statutes

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

Case details

Case number
3305217/2023
Decision date
5 March 2025
Hearing type
full merits
Hearing days
Classification
contested

Employment details

Claimant representation

Represented
No