Cases3305364/2023

Claimant v Qube Qualifications and Development Limited

Outcome

Claimant succeeds£5,440

Individual claims

Failure to Inform & Consultsucceeded

The tribunal found that the respondent failed to comply with the requirement under s188 TULR(C)A to inform and consult with employee representatives before making collective redundancies. There was no recognised trade union or appointed or elected employee representatives, and the respondent proceeded with redundancies at their establishment without proper consultation.

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 beginning around 28 March 2023. The respondent failed to inform or consult with employee representatives or a recognised trade union before implementing the redundancies as required by law.

Decision

The tribunal upheld the complaint that the respondent failed to comply with s188 TULR(C)A regarding collective redundancy consultation. The tribunal made a protective award of 90 days (the maximum period), awarding the claimant £5,439.78 for remuneration during the protected period beginning 28 March 2023.

Practical note

Employers making collective redundancies must properly inform and consult with employee representatives even when entering insolvency, or face protective awards of up to 90 days' pay per affected employee.

Award breakdown

Legal authorities cited

Statutes

TULR(C)A 1992 s.188TULR(C)A 1992 s.188(1B)

Case details

Case number
3305364/2023
Decision date
21 February 2025
Hearing type
full merits
Hearing days
Classification
contested

Respondent

Sector
education
Represented
No

Claimant representation

Represented
No