Claimant v Qube Qualifications and Development Limited (in Creditors Voluntary Liquidation)
Outcome
Individual claims
The tribunal found the respondent failed to comply with s188 TULR(C)A regarding consultation obligations before collective redundancy. There was no recognised trade union or appointed/elected employee representatives, and no proper consultation was conducted before dismissing employees at the establishment.
The complaint of breach of contract in relation to notice pay was well-founded. The claimant was entitled to 7 weeks' notice pay which was not paid by the 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 from its establishment at Bee House, Abingdon, Oxfordshire, with employment ending on 28 March 2023. The employer failed to consult with employees or their representatives before the redundancies and failed to pay notice pay of 7 weeks.
Decision
The tribunal upheld both claims. The respondent breached s188 TULR(C)A by failing to inform and consult before collective redundancy, resulting in a protective award of 90 days (£6,428.07). The breach of contract claim for notice pay also succeeded, awarding £2,825.34 (7 weeks net pay). Credit was to be given for sums paid by the Redundancy Payments Service.
Practical note
Employers in insolvency must still comply with collective consultation obligations under s188 TULR(C)A, and failure to do so will result in a protective award of up to 90 days' pay per affected employee.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3305340/2023
- Decision date
- 4 March 2025
- Hearing type
- full merits
- Hearing days
- —
- Classification
- contested
Respondent
- Sector
- education
- Represented
- No
Claimant representation
- Represented
- No