Claimant v Qube Qualifications and Development Limited
Outcome
Individual claims
The tribunal found that the respondent failed to comply with the requirement under s188 TULR(C)A to inform and consult with employee representatives regarding collective redundancies. There was no recognised trade union or appointed/elected employee representatives for the purpose of consultation.
The tribunal upheld the complaint that the respondent failed to pay the claimant her contractual notice pay of 7 weeks. The claimant was entitled to damages for breach of contract calculated on net pay basis.
Facts
The claimant was employed by Qube Qualifications and Development Limited, which went into creditors voluntary liquidation. The company made collective redundancies from its establishment at Bee House, Abingdon, Oxfordshire, with the claimant's employment ending on 28 March 2023. The respondent failed to inform and consult with employee representatives prior to the redundancies, and failed to pay the claimant's contractual notice period of 7 weeks.
Decision
The tribunal upheld both claims. The respondent breached its duty under s188 TULR(C)A to inform and consult on collective redundancies, as there was no recognised union or appointed representatives. The tribunal awarded a protective award of 90 days (£9,892.30) and damages for breach of contract for unpaid notice of 7 weeks (£4,350.71), with credit for sums paid by the Redundancy Payments Service.
Practical note
Employers facing insolvency must still comply with collective consultation obligations under TULR(C)A, and failure to do so will result in a protective award of up to 90 days' pay per affected employee.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3305306/2023
- Decision date
- 28 February 2025
- Hearing type
- full merits
- Hearing days
- —
- Classification
- contested
Respondent
- Sector
- education
- Represented
- No
Claimant representation
- Represented
- No