Cases3304312/2023

Claimant v Qube Qualifications and Development Limited

Outcome

Claimant succeeds£7,419

Individual claims

Failure to Inform & Consultsucceeded

The tribunal found that the respondent failed to comply with s188 TULR(C)A regarding collective redundancy consultation. There was no recognised trade union or appointed/elected employee representatives, and the respondent did not consult with affected employees before the redundancies.

Breach of Contractwithdrawn

The claimant confirmed she was not claiming for notice pay and the complaint was dismissed upon her confirmation.

Facts

The claimant was employed by Qube Qualifications and Development Limited, which went into creditors voluntary liquidation. The respondent made redundancies from its establishment at Bee House, Milton Park, Abingdon. The respondent failed to comply with statutory obligations to inform and consult with employees or their representatives before implementing collective redundancies. There was no recognised trade union or elected/appointed employee representatives.

Decision

The tribunal upheld the complaint that the respondent breached section 188 TULR(C)A by failing to inform and consult regarding collective redundancies. The tribunal made a protective award of 90 days (the maximum period) in favour of the claimant, amounting to £7,419.19. The breach of contract claim for notice pay was dismissed as the claimant confirmed she was not pursuing it.

Practical note

Employers must comply with collective redundancy consultation obligations under TULR(C)A even when facing insolvency, and failure to do so will result in protective awards up to the maximum 90 days.

Award breakdown

Legal authorities cited

Statutes

Trade Union and Labour Relations (Consolidation) Act 1992 s.188TULR(C)A s.188(1B)

Case details

Case number
3304312/2023
Decision date
21 February 2025
Hearing type
full merits
Hearing days
Classification
contested

Respondent

Sector
education
Represented
No

Claimant representation

Represented
No