Claimant v Qube Qualifications and Development Limited
Outcome
Individual claims
The tribunal found that the respondent failed to comply with section 188 of TULR(C)A requiring consultation with employee representatives before collective redundancies. There was no recognised trade union or appointed or elected employee representatives, and the respondent made a protective award for the statutory maximum 90-day period.
The tribunal found that the respondent failed to pay the claimant notice pay equivalent to 5 weeks, which constituted a breach of contract. The claimant was awarded £2,207.65 representing the net value of the notice period owed.
The tribunal found that the respondent failed to reimburse the claimant for business mileage expenses owed, constituting a breach of contract. The claimant was awarded £207.22 representing the unpaid mileage expenses.
Facts
The claimant was employed by Qube Qualifications and Development Limited which went into Creditors Voluntary Liquidation. The company made collective redundancies from its establishment at Bee House, Milton Park, Abingdon, with an effective termination date of 28 March 2023. The respondent failed to consult with employee representatives before making redundancies, failed to pay notice pay equivalent to 5 weeks, and failed to reimburse mileage expenses. The Secretary of State for Business and Trade was joined as second respondent given the company's insolvency.
Decision
The tribunal upheld all three complaints. The respondent breached section 188 TULR(C)A by failing to inform and consult on collective redundancies, resulting in a protective award of 90 days (£6,677.30). The respondent also breached the claimant's contract by failing to pay notice (£2,207.65) and expenses (£207.22). Credit was to be given for sums already paid by the Redundancy Payments Service.
Practical note
Employers making collective redundancies must comply with statutory consultation requirements under section 188 TULR(C)A even when facing insolvency, or face protective awards of up to 90 days' pay per affected employee.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 2600908/2023
- Decision date
- 4 March 2025
- Hearing type
- full merits
- Hearing days
- —
- Classification
- contested
Respondent
- Sector
- education
- Represented
- No
Claimant representation
- Represented
- No