Cases3305256/2023

Claimant v Qube Qualifications and Development Limited

Outcome

Claimant succeeds£5,487

Individual claims

Failure to Inform & Consultsucceeded

The tribunal found that the respondent failed to comply with requirements under s188 TULR(C)A to inform and consult appropriate employee representatives before proposing redundancies. There was no recognised trade union or appointed/elected employee representatives, and the respondent did not fulfil its statutory obligations regarding collective consultation.

Facts

The claimant was employed by Qube Qualifications and Development Limited, which operated from premises in Abingdon, Oxfordshire. The company entered creditors voluntary liquidation. The employer failed to inform or consult with employee representatives before making redundancies, as required under s188 TULR(C)A. There was no recognised trade union or elected employee representatives in place.

Decision

The tribunal upheld the complaint that the respondent failed to comply with s188 TULR(C)A requirements to inform and consult. The tribunal made a protective award in favour of the claimant for 90 days (12.86 weeks) beginning 28 March 2023, amounting to £5,486.98.

Practical note

Employers facing collective redundancies must ensure proper consultation with employee representatives under TULR(C)A s188, with failure resulting in protective awards of up to 90 days' pay per affected employee.

Award breakdown

Legal authorities cited

Statutes

Trade Union and Labour Relations (Consolidation) Act 1992 s.188TULR(C)A s.188(1B)

Case details

Case number
3305256/2023
Decision date
3 March 2025
Hearing type
full merits
Hearing days
Classification
contested

Respondent

Sector
education
Represented
No

Claimant representation

Represented
No