Cases3305314/2023

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

Outcome

Claimant succeeds£6,430

Individual claims

Failure to Inform & Consultsucceeded

The tribunal found that the respondent failed to comply with the requirement under s188 of TULR(C)A to inform and consult employees about collective redundancies. There was no recognised trade union or appointed/elected employee representatives, and the employer failed to carry out its statutory consultation obligations before making redundancies at the establishment.

Facts

The claimant was employed by Qube Qualifications and Development Ltd which went into creditors voluntary liquidation. The employer made collective redundancies at its establishment in Abingdon, Oxfordshire without complying with statutory consultation requirements under s188 TULR(C)A. There was no recognised trade union and no employee representatives were appointed or elected for consultation purposes.

Decision

The tribunal upheld the claim that the respondent failed to comply with the requirement to inform and consult under s188 TULR(C)A. The tribunal made a protective award in favour of the claimant of £6,430, representing 90 days (12.86 weeks) remuneration beginning on 28 March 2023.

Practical note

Employers facing insolvency must still comply with collective redundancy consultation obligations under TULR(C)A or face protective awards of up to 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
3305314/2023
Decision date
4 March 2025
Hearing type
full merits
Hearing days
Classification
contested

Employment details

Claimant representation

Represented
No