Cases3305254/2023

Claimant v Qube Qualifications and Development Limited

Outcome

Claimant succeeds£7,419

Individual claims

Failure to Inform & Consultsucceeded

The tribunal found that the respondent failed to comply with s188 of TULR(C)A regarding collective consultation requirements. There was no recognised trade union or appointed/elected employee representatives, and the respondent failed to inform and consult employees about the collective redundancies before they occurred.

Facts

The claimant was employed by Qube Qualifications and Development Limited, which went into creditors voluntary liquidation. The respondent company failed to comply with collective consultation requirements under s188 TULR(C)A before making redundancies at its establishment in Abingdon, Oxfordshire. There was no recognised trade union or appointed employee representatives for consultation purposes.

Decision

The tribunal upheld the complaint that the respondent failed to comply with s188 TULR(C)A consultation requirements. A protective award was made for the maximum period of 90 days beginning 28 March 2023, totaling £7,419.19 in the claimant's favor.

Practical note

Employers proposing collective redundancies must comply with statutory consultation obligations under s188 TULR(C)A or face protective awards of up to 90 days pay per affected employee, even where the company is insolvent.

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
3305254/2023
Decision date
3 March 2025
Hearing type
full merits
Hearing days
Classification
contested

Respondent

Sector
education
Represented
No

Employment details

Claimant representation

Represented
No