Claimant v Qube Qualifications and Development Limited
Outcome
Individual claims
The tribunal found that the respondent failed to comply with s188 TULR(C)A requiring consultation with employee representatives before collective redundancies. There was no recognised trade union or appointed/elected employee representatives, and the respondent did not initiate the required consultation process before dismissing 20 or more employees at the establishment.
Facts
The claimant was employed by Qube Qualifications and Development Limited which entered creditors voluntary liquidation. The respondent made 20 or more employees redundant from its establishment at Bee House, Milton Park, Abingdon on or around 28 March 2023. The respondent failed to consult with employee representatives or a recognised trade union before implementing the collective redundancies as required by s188 TULR(C)A.
Decision
The tribunal upheld the complaint that the respondent breached its duty to inform and consult under s188 TULR(C)A. The tribunal made a protective award of the maximum 90 days remuneration totalling £6182.57, with the protected period beginning on 28 March 2023. The Secretary of State for Business and Trade was joined as second respondent given the first respondent's insolvency.
Practical note
Employers must comply with collective consultation obligations under s188 TULR(C)A before implementing redundancies of 20 or more employees, even when facing insolvency, or face protective awards of up to 90 days pay.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3305257/2023
- Decision date
- 3 March 2025
- Hearing type
- default judgment
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- education
- Represented
- No
Claimant representation
- Represented
- No