Claimant v Qube Qualifications and Development Limited

The tribunal found the respondent failed to comply with section 188 of TULR(C)A regarding collective consultation before redundancies. There was no recognised trade union or appointed employee representatives, and the statutory consultation requirements were not met.

The complaint of breach of contract in relation to notice pay was well-founded. The claimant was entitled to 11 weeks' notice pay which was not provided by the respondent on termination.

The respondent made an unauthorised deduction from the claimant's wages for the period 1 to 28 March 2023. The tribunal found this deduction was not lawful and the claimant was entitled to the gross sum withheld.

The complaint in respect of holiday pay was well-founded. The respondent failed to pay the claimant for accrued but untaken holiday in accordance with regulation 14(2) and/or 16(1) of the Working Time Regulations 1998.

Under section 163 Employment Rights Act 1996, the tribunal determined that the claimant was entitled to a statutory redundancy payment based on their length of service and weekly pay. The respondent failed to make this payment.