Claimant v Qube Qualifications and Development Limited (in Creditors Voluntary Liquidation)
Outcome
Individual claims
The tribunal found that the respondent's premises constituted an establishment for the purpose of s188 TULR(C)A, there was no recognised trade union or appointed/elected employee representatives, and the respondent failed to comply with the requirement to inform and consult under s188 TULR(C)A regarding collective redundancies.
Facts
The claimant was employed by Qube Qualifications and Development Limited, which went into Creditors Voluntary Liquidation. The respondent made collective redundancies affecting employees at its establishment in Abingdon, Oxfordshire. The employer failed to inform and consult with trade unions or employee representatives as required before making the redundancies, as there were no recognised unions or appointed/elected employee representatives in place.
Decision
The tribunal upheld the complaint that the respondent failed to comply with s188 TULR(C)A requiring information and consultation on collective redundancies. The tribunal made a protective award of the maximum 90 days, awarding the claimant £9,273.99 for the protected period beginning 28 March 2023.
Practical note
Employers must comply with collective consultation requirements under s188 TULR(C)A before making 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
- 3305531/2023
- Decision date
- 21 February 2025
- Hearing type
- full merits
- Hearing days
- —
- Classification
- contested
Respondent
- Sector
- education
- Represented
- No
Claimant representation
- Represented
- No