Claimant v Qube Qualifications and Development Limited (in Creditors Voluntary Liquidation)
Outcome
Individual claims
The tribunal found that the respondent failed to comply with s188 TULR(C)A requirements to inform and consult with employee representatives prior to collective redundancies. There was no recognised trade union or appointed/elected employee representatives, and the respondent failed to fulfill its statutory obligations regarding consultation at the establishment.
The tribunal upheld the breach of contract claim relating to notice pay. The claimant was entitled to 6 weeks' notice pay which was not provided by the respondent upon termination of employment.
Facts
Mr Craddock was employed by Qube Qualifications and Development Limited, which entered creditors voluntary liquidation. The company made collective redundancies from its establishment at Bee House, Abingdon, on or around 28 March 2023. The employer failed to inform and consult with trade union or employee representatives prior to the redundancies, and also failed to pay the claimant his 6 weeks' notice pay.
Decision
The tribunal upheld both claims, finding the respondent breached s188 TULR(C)A by failing to inform and consult regarding collective redundancies, and also breached the claimant's contract by not paying notice. The tribunal awarded a protective award of £6,683.21 (90 days) and £2,481.24 for notice pay, with credit to be given for sums paid by the Redundancy Payments Service.
Practical note
Employers facing insolvency must still comply with collective consultation obligations under s188 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
- 3305369/2023
- Decision date
- 21 February 2025
- Hearing type
- full merits
- Hearing days
- —
- Classification
- contested
Respondent
- Sector
- education
- Represented
- No
Claimant representation
- Represented
- No