Claimant v Qube Qualifications and Development Limited
Outcome
Individual claims
The tribunal found that the respondent failed to comply with the requirement of 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 did not initiate the required consultation process.
Facts
The claimant was employed by Qube Qualifications and Development Limited, which entered creditors voluntary liquidation. The respondent made collective redundancies at its establishment in Milton Park, Abingdon, Oxfordshire without informing or consulting with employee representatives or a recognised trade union as required by law. The claimant brought a claim for a protective award for the failure to comply with statutory consultation requirements.
Decision
The tribunal upheld the complaint that the respondent failed to comply with s188 TULR(C)A requirements to inform and consult before collective redundancies. The tribunal made a protective award of the maximum 90 days, ordering payment of £6,318.76 to the claimant for the protected period beginning 28 March 2023.
Practical note
Employers must comply with collective redundancy consultation requirements even when facing insolvency, and failure to do so will result in protective awards of up to 90 days' pay.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3305175/2023
- Decision date
- 21 February 2025
- Hearing type
- full merits
- Hearing days
- —
- Classification
- contested
Respondent
- Sector
- education
- Represented
- No
Employment details
Claimant representation
- Represented
- No