Cases3305259/2023

Claimant v Qube Qualifications and Development Limited

Outcome

Claimant succeeds£6,183

Individual claims

Failure to Inform & Consultsucceeded

The tribunal found that the respondent failed to comply with s188 TULR(C)A requirements to inform and consult about collective redundancies. There was no recognised trade union or appointed employee representatives, and the respondent did not carry out the required consultation before making redundancies at its establishment in Abingdon.

Facts

Qube Qualifications and Development Limited entered creditors voluntary liquidation and made redundancies at its Abingdon establishment. The claimant's employment ended on 28 March 2023. The respondent failed to inform and consult with employees or their representatives before making the collective redundancies, as required by s188 TULR(C)A. There was no recognised trade union or elected employee representatives in place.

Decision

The tribunal upheld the claim that the respondent failed to comply with s188 TULR(C)A requirements to inform and consult about collective redundancies. The tribunal made a protective award in favour of the claimant for the maximum period of 90 days, awarding £6,182.70 for the protected period beginning 28 March 2023.

Practical note

Employers must comply with collective consultation requirements under s188 TULR(C)A even when facing insolvency, and failure to do so results in a protective award of up to 90 days' pay per affected employee.

Award breakdown

Legal authorities cited

Statutes

TULR(C)A 1992 s.188TULR(C)A 1992 s.188(1B)

Case details

Case number
3305259/2023
Decision date
3 March 2025
Hearing type
full merits
Hearing days
Classification
contested

Respondent

Sector
education
Represented
No

Claimant representation

Represented
No