Claimant v Qube Qualifications and Development Limited (in Creditors Voluntary Liquidation)
Outcome
Individual claims
The tribunal found the respondent failed to comply with s188 TULR(C)A requirements to inform and consult about collective redundancies. There was no recognised trade union or appointed/elected employee representatives, and the respondent failed to fulfil its obligations before making employees redundant. A protective award of 90 days was made.
The tribunal found the respondent breached the claimant's contract by failing to pay notice pay equivalent to 4 weeks. The claimant was entitled to £1,710.76 net for this breach.
The tribunal upheld the claim for unpaid expenses. The respondent was ordered to pay £200 for mileage expenses that should have been reimbursed to the claimant.
The tribunal found the respondent made an unauthorised deduction from wages in the period 1 to 28 March 2023. The claimant was awarded £2,000 gross, representing the sum unlawfully deducted.
The holiday pay claim failed because the claimant did not provide the details requested by the tribunal in its letter dated 24 January 2024 and therefore failed to prove this element of the claim.
The redundancy pay claim was struck out because the claimant did not have the requisite length of service (normally 2 years) to bring such a claim.
Facts
Miss Brooks was employed by Qube Qualifications and Development Limited, which went into creditors voluntary liquidation. The company made redundancies from its establishment at Bee House, Abingdon, on 28 March 2023. The respondent failed to comply with consultation requirements under s188 TULR(C)A, did not pay notice pay or expenses, and made an unauthorised deduction from wages for the period 1-28 March 2023. The claimant lacked sufficient service for a redundancy payment claim.
Decision
The tribunal upheld claims for failure to inform and consult (awarding a 90-day protective award of £6,430), breach of contract for notice pay (£1,710.76) and expenses (£200), and unlawful deduction of wages (£2,000). The holiday pay claim failed due to lack of evidence, and the redundancy claim was struck out for insufficient service. Credit was to be given for any sums already paid by the Redundancy Payments Service.
Practical note
Employers in 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
- 3305226/2023
- Decision date
- 28 February 2025
- Hearing type
- full merits
- Hearing days
- —
- Classification
- contested
Respondent
- Sector
- education
- Represented
- No
Claimant representation
- Represented
- No