Cases3305253/2023

Claimant v Qube Qualifications and Development Limited

3 March 2025Before Employment Judge Shastri-HurstEast of England

Outcome

Claimant succeeds£6,183

Individual claims

Failure to Inform & Consultsucceeded

The tribunal found that the respondent failed to comply with the requirement under s188 of TULR(C)A to inform and consult employee representatives prior to collective redundancies. There was no recognised trade union or appointed or elected employee representatives, and the respondent failed to undertake the required consultation process before the dismissals beginning on 28 March 2023.

Facts

Qube Qualifications and Development Limited entered creditors voluntary liquidation and made collective redundancies from its establishment at Bee House, Milton Park, Abingdon on or around 28 March 2023. The respondent failed to inform or consult with employee representatives prior to the redundancies as required by s188 TULR(C)A. There was no recognised trade union or appointed or elected employee representatives. The claimant Miss E Bowles was one of the employees affected by the redundancy process.

Decision

The tribunal upheld the complaint that the respondent failed to comply with s188 TULR(C)A requirements to inform and consult before collective redundancies. A protective award was made for the maximum 90-day protected period beginning 28 March 2023, totalling £6,182.70 in the claimant's favour.

Practical note

Employers must comply with collective consultation obligations under s188 TULR(C)A before making redundancies at an establishment, or face 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
3305253/2023
Decision date
3 March 2025
Hearing type
default judgment
Hearing days
Classification
default

Respondent

Sector
education
Represented
No

Claimant representation

Represented
No