Claimant v Qube Qualifications and Development Limited

The respondent failed to comply with the requirement under s188 TULR(C)A to consult with employee representatives before making redundancies at the establishment. There was no recognised trade union or appointed/elected employee representatives, and the tribunal found the failure to inform and consult was established.

The respondent failed to provide the claimant with proper notice upon termination. The tribunal upheld the complaint and awarded damages equivalent to 4 weeks' net pay, representing the notice period the claimant was entitled to but did not receive.

The respondent failed to pay the claimant for accrued but untaken holiday upon termination in breach of regulations 14(2) and/or 16(1) of the Working Time Regulations 1998. The tribunal found this complaint well-founded and ordered payment.

Under section 163 Employment Rights Act 1996, the tribunal determined the claimant was entitled to a statutory redundancy payment. The respondent, being in creditors voluntary liquidation, failed to make this payment and the tribunal quantified the entitlement.