Cases3305222/2023

Claimant v Qube Qualifications and Development Limited

Outcome

Claimant succeeds£3,293

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 with appropriate employee representatives before making redundancies. There was no recognised trade union or appointed or elected employee representatives for the required consultation at the establishment in Abingdon.

Facts

Miss Walls was employed by Qube Qualifications and Development Limited, which went into Creditors Voluntary Liquidation. The company made redundancies at its Abingdon establishment without consulting with employee representatives. There was no recognised trade union or elected employee representatives in place at the time of the redundancies beginning on 28 March 2023.

Decision

The Tribunal upheld the complaint that the respondent failed to comply with s188 TULR(C)A requirements to inform and consult before making collective redundancies. A protective award of 90 days' pay (£3,293.19) was made in favour of the claimant for the protected period beginning 28 March 2023.

Practical note

Employers must ensure proper consultation with employee representatives or a recognised trade union before making collective redundancies or face protective awards of up to 90 days' pay per affected employee.

Award breakdown

Legal authorities cited

Statutes

TULR(C)A 1992 s.188TULR(C)A 1992 s.188(1B)

Case details

Case number
3305222/2023
Decision date
28 February 2025
Hearing type
full merits
Hearing days
Classification
contested

Respondent

Sector
education
Represented
No

Claimant representation

Represented
No