Claimant v Qube Qualifications and Development Limited
Outcome
Individual claims
The tribunal found that the respondent failed to comply with s188 TULR(C)A requirements to inform and consult employee representatives prior to collective redundancies. There was no recognised trade union or appointed/elected employee representatives, and the respondent entered creditors voluntary liquidation without proper consultation.
The tribunal upheld the claim for breach of contract in relation to notice pay. The claimant was entitled to 4 weeks' notice pay which was not paid by the insolvent respondent upon termination of employment.
Facts
The claimant was employed by Qube Qualifications and Development Limited which entered creditors voluntary liquidation. The company made collective redundancies without informing or consulting with employee representatives as required by law. The claimant's employment terminated on 28 March 2023 without proper notice pay. The Redundancy Payments Service became involved as second respondent due to the company's insolvency.
Decision
The tribunal upheld both claims. The respondent failed to comply with statutory consultation requirements under s188 TULR(C)A and the tribunal awarded a protective award of 90 days (£6,676.91). The tribunal also found breach of contract for failure to pay 4 weeks' notice (£1,730.28 net), with credit to be given for any sums paid by the Redundancy Payments Service.
Practical note
Employers entering insolvency must still comply with collective consultation obligations under s188 TULR(C)A, and failure to do so will result in protective awards of up to 90 days' pay per affected employee.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 2600989/2023
- Decision date
- 4 March 2025
- Hearing type
- default judgment
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- education
- Represented
- No
Claimant representation
- Represented
- No