Claimant v Qube Qualifications and Development Limited (in Creditors Voluntary Liquidation)
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 with employee representatives prior to collective redundancy dismissals. There was no recognised trade union or appointed or elected employee representatives, and the employer failed to initiate the required consultation process before the dismissals took effect.
Facts
The claimant was employed by Qube Qualifications and Development Limited, which entered into Creditors Voluntary Liquidation. The employer made collective redundancies from its establishment at Bee House, Milton Park, Abingdon, Oxfordshire. The employer failed to inform or consult with employee representatives or a recognised trade union before making the redundancies, as required by s188 TULR(C)A. The claimant's employment ended on 28 March 2023. The Secretary of State for Business & Trade was joined as second respondent in relation to the insolvent employer.
Decision
The tribunal upheld the claim that the respondent failed to comply with s188 TULR(C)A by not informing and consulting with employee representatives before collective redundancies. The tribunal made a protective award for the maximum period of 90 days beginning on 28 March 2023, awarding the claimant £2067.50 based on her weekly pay of £160.68.
Practical note
Employers facing insolvency must still comply with collective redundancy consultation obligations under s188 TULR(C)A or face maximum protective awards of 90 days' pay per affected employee.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3305255/2023
- Decision date
- 3 March 2025
- Hearing type
- full merits
- Hearing days
- —
- Classification
- contested
Respondent
- Sector
- education
- Represented
- No
Employment details
Claimant representation
- Represented
- No