Cases2404534/2023

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

4 March 2025Before Employment Judge Shastri-HurstMidlands West

Outcome

Claimant succeeds£13,045

Individual claims

Failure to Inform & Consultsucceeded

The tribunal found that the respondent failed to comply with s188 of TULR(C)A regarding consultation before collective redundancies. There was no recognised trade union or appointed/elected employee representatives, and the respondent failed to inform and consult as required.

Breach of Contractsucceeded

The tribunal upheld the breach of contract claim for notice pay. The claimant was entitled to 4 weeks' notice pay which was not provided by the respondent.

Breach of Contractsucceeded

The tribunal upheld the breach of contract claim for travel expenses. The claimant was owed £708.21 in travel expenses that the respondent failed to pay.

Unlawful Deduction from Wagessucceeded

The tribunal found that the respondent made an unauthorised deduction from the claimant's wages for the period 1 to 28 March 2023, and ordered payment of the gross sum deducted.

Redundancy Paysucceeded

Under section 163 Employment Rights Act 1996, the tribunal determined the claimant was entitled to a statutory redundancy payment based on his length of service and pay.

Unfair Dismissalsucceeded

The tribunal upheld the unfair dismissal complaint. Given the company was in liquidation and failed to follow proper redundancy procedures including consultation, the dismissal was unfair.

Facts

The claimant was employed by Qube Qualifications and Development Ltd at their Bolton premises. The company went into creditors voluntary liquidation and dismissed employees including the claimant on 28 March 2023. The respondent failed to comply with collective redundancy consultation requirements under s188 TULR(C)A, did not pay notice, owed travel expenses and wages for March 2023, and did not pay redundancy.

Decision

The tribunal upheld all claims including failure to inform and consult, unfair dismissal, breach of contract for notice and expenses, unlawful deduction of wages, and redundancy pay. A protective award of 90 days (£6,924.60) was made for failure to consult. Total awards amounted to £13,044.97 with credit for sums paid by the Redundancy Payments Service.

Practical note

Employers entering insolvency must still comply with collective redundancy consultation obligations under s188 TULR(C)A or face protective awards of up to 90 days' pay per affected employee.

Award breakdown

Basic award£6,925
Notice pay£1,680
Redundancy pay£1,077
Unpaid wages£2,154
Loss of statutory rights£500

Legal authorities cited

Statutes

Trade Union and Labour Relations (Consolidation) Act 1992 s.188Trade Union and Labour Relations (Consolidation) Act 1992 s.188(1B)Employment Rights Act 1996 s.163

Case details

Case number
2404534/2023
Decision date
4 March 2025
Hearing type
default judgment
Hearing days
Classification
default

Claimant representation

Represented
No