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/elected employee representatives, and the respondent did not properly consult before redundancies at the establishment.
The tribunal found the complaint well-founded. The respondent failed to pay the claimant in accordance with regulation 14(2) and/or 16(1) of the Working Time Regulations 1998, owing 1.8 weeks of holiday pay.
Facts
Mrs Willett was employed by Qube Qualifications and Development Limited, which went into Creditors Voluntary Liquidation. The company dismissed employees from its establishment in Abingdon, Oxfordshire on 28 March 2023 without proper consultation as required under collective redundancy laws. There was no recognised trade union or employee representatives. The claimant was also owed holiday pay.
Decision
The tribunal found that the respondent failed to comply with section 188 of TULR(C)A regarding consultation on collective redundancies and made a protective award of 90 days (£6,245.97). The tribunal also found the respondent failed to pay holiday pay as required under the Working Time Regulations and awarded £874.24 for 1.8 weeks.
Practical note
Employers in insolvency must still comply with collective consultation obligations under s188 TULR(C)A, 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
- 3305605/2023
- Decision date
- 21 February 2025
- Hearing type
- full merits
- Hearing days
- —
- Classification
- contested
Respondent
- Sector
- education
- Represented
- No
Claimant representation
- Represented
- No