Claimant v Qube Qualifications and Development Limited
Outcome
Individual claims
The tribunal found that the respondent failed to comply with section 188 of TULR(C)A. There was no recognised trade union or appointed or elected employee representatives for consultation purposes prior to the collective redundancy dismissals. The respondent's premises constituted an establishment for the purposes of the Act, triggering the consultation obligation.
The tribunal upheld the complaint that the respondent made unauthorised deductions from the claimant's wages for the period 1 to 28 March 2023. The claimant was entitled to payment of wages which were not paid, constituting an unlawful deduction under the Employment Rights Act 1996.
The claim for expenses failed because the claimant failed to provide details of this claim within the time given by the Tribunal. As such, he did not prove his claim on the balance of probabilities.
Facts
The claimant was employed by Qube Qualifications and Development Limited, which entered creditors voluntary liquidation. The company made collective redundancies from its establishment at Bee House, Milton Park, Abingdon, with the claimant's employment terminating on 28 March 2023. The respondent failed to consult with trade unions or employee representatives before the redundancies. The claimant was also not paid wages for the period 1 to 28 March 2023, and claimed unpaid expenses.
Decision
The tribunal upheld the failure to inform and consult claim, awarding a protective award of 90 days (£6,140.14). The unlawful deduction of wages claim succeeded, with the tribunal ordering payment of £1,909.84 gross. The breach of contract claim for expenses failed as the claimant did not provide details within the time allowed. Credit was to be given for any sums paid by the Redundancy Payments Service.
Practical note
Employers entering insolvency must still comply with collective consultation obligations under TULR(C)A s.188, and failure to do so will result in protective awards of up to 90 days' pay per affected employee.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3305547/2023
- Decision date
- 21 February 2025
- Hearing type
- full merits
- Hearing days
- —
- Classification
- contested
Respondent
- Sector
- education
- Represented
- No
Employment details
Claimant representation
- Represented
- No