Claimant v Qube Qualifications and Development Limited
Outcome
Individual claims
The tribunal found that the respondent failed to comply with the requirement under s188 of TULR(C)A to inform and consult employee representatives prior to collective redundancies. There was no recognised trade union or appointed or elected employee representatives. The tribunal upheld the complaint and made a protective award.
The complaint of breach of contract in relation to notice pay was dismissed upon the claimant confirming she was not claiming for notice pay.
Facts
Mrs Hayhoe was employed by Qube Qualifications and Development Limited which entered creditors voluntary liquidation. The company made redundancies at its establishment at Bee House, Milton Park, Abingdon, Oxfordshire on or around 28 March 2023. The employer failed to inform or consult with employee representatives prior to the redundancies, as there was no recognised trade union or appointed or elected employee representatives.
Decision
The tribunal upheld the complaint that the respondent failed to comply with the requirement under s188 of TULR(C)A to inform and consult. The tribunal made a protective award in favour of the claimant for 90 days remuneration totalling £8,037.50. The breach of contract claim for notice pay was dismissed as the claimant confirmed she was not pursuing it.
Practical note
Employers must comply with collective consultation obligations under s188 TULR(C)A when making collective redundancies, even when facing insolvency, or face protective awards of up to 90 days' pay per affected employee.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3305091/2023
- Decision date
- 21 February 2025
- Hearing type
- full merits
- Hearing days
- —
- Classification
- contested
Respondent
- Sector
- education
- Represented
- No
Employment details
Claimant representation
- Represented
- No