Claimant v Qube Qualifications and Development Limited
Outcome
Individual claims
The tribunal found that the respondent failed to comply with the requirement under s188 of TULR(C)A to inform and consult employee representatives before collective redundancies. There was no recognised trade union or appointed/elected employee representatives, and the respondent did not undertake the required consultation process before making redundancies at the establishment.
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. Before making these redundancies, the company failed to inform and consult with employee representatives as required by law. There was no recognised trade union or appointed/elected employee representatives for consultation purposes.
Decision
The tribunal upheld the complaint that the respondent failed to comply with s188 of TULR(C)A regarding the duty to inform and consult before collective redundancies. The tribunal made a protective award in favour of the claimant for the maximum period of 90 days (12.86 weeks) beginning on 28 March 2023, totalling £6,182.57.
Practical note
Employers must comply with consultation obligations under s188 TULR(C)A before making collective redundancies, 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
- 3305258/2023
- Decision date
- 3 March 2025
- Hearing type
- full merits
- Hearing days
- —
- Classification
- contested
Respondent
- Sector
- education
- Represented
- No
Claimant representation
- Represented
- No