Claimant v Qube Qualifications and Development Limited
Outcome
Individual claims
The tribunal found that the respondent failed to comply with s188 TULR(C)A regarding consultation obligations. There was no recognised trade union or appointed/elected employee representatives, and the respondent failed to inform and consult about the collective redundancy dismissals at the establishment.
The tribunal upheld the complaint of breach of contract in relation to notice pay. The claimant was entitled to 4 weeks' notice pay which was not paid by the respondent, amounting to £1,489.20 net.
Facts
The claimant was employed by Qube Qualifications and Development Limited, which went into Creditors Voluntary Liquidation. The respondent operated from premises at Bee House, Milton Park, Abingdon, which constituted an establishment. The respondent made collective redundancies without consulting with employees or employee representatives, and without recognising a trade union. The claimant was dismissed on 28 March 2023 without being paid notice pay.
Decision
The tribunal upheld both claims. The respondent failed to comply with s188 TULR(C)A regarding collective consultation, and the tribunal made a protective award of £5,440.81 for 90 days. The tribunal also found breach of contract for failure to pay notice pay and awarded £1,489.20 net for 4 weeks' notice, with credit for any sums paid by the Redundancy Payments Service.
Practical note
Employers must comply with collective consultation obligations under s188 TULR(C)A before making collective redundancies, 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
- 2407124/2023
- Decision date
- 27 February 2025
- Hearing type
- full merits
- Hearing days
- —
- Classification
- contested
Respondent
- Sector
- education
- Represented
- No
Claimant representation
- Represented
- No