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 prior to collective redundancy. There was no recognised trade union or appointed/elected employee representatives, and the employer failed to initiate the required consultation process.
The tribunal found the respondent failed to pay the claimant's contractual notice pay. The claimant was entitled to notice pay calculated on a net basis amounting to £1828.
The tribunal found the respondent failed to pay contractual expenses owed to the claimant in the amount of £621.11.
The tribunal found the respondent made an unauthorised deduction from the claimant's wages for the period 1 to 28 March 2023, amounting to a gross sum of £2248.
The tribunal found the respondent failed to pay the claimant accrued but untaken holiday pay in accordance with regulations 14(2) and/or 16(1) of the Working Time Regulations 1998, amounting to £1489.30.
Under section 163 Employment Rights Act 1996, the tribunal determined the claimant was entitled to a statutory redundancy payment of £1686 following the redundancy dismissal.
Facts
The claimant was employed by Qube Qualifications and Development Limited, which entered creditors voluntary liquidation. The company made redundancies including the claimant effective 28 March 2023 without complying with collective consultation requirements under s188 TULR(C)A. The claimant was not paid notice pay, wages for March 2023, accrued holiday pay, expenses, or redundancy pay. The Secretary of State for Business and Trade was joined as second respondent in relation to payments from the Redundancy Payments Service.
Decision
The tribunal upheld all of the claimant's claims. The respondent failed to inform and consult on the collective redundancy, resulting in a protective award of 90 days (£7227.32). The tribunal also awarded notice pay, unpaid wages, holiday pay, expenses and statutory redundancy pay totalling £15,099.73, with credit to be given for any sums already paid by the Redundancy Payments Service.
Practical note
Employers facing insolvency must still comply with collective consultation obligations under TULR(C)A s188, and failure to do so results in a protective award of up to 90 days' pay per affected employee.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3304306/2023
- Decision date
- 28 February 2025
- Hearing type
- remedy
- Hearing days
- —
- Classification
- contested
Respondent
- Sector
- education
- Represented
- No
Claimant representation
- Represented
- No