Claimant v Qube Qualifications and Development Limited

The tribunal found that the respondent failed to comply with s188 of TULR(C)A requiring consultation on collective redundancies. There was no recognised trade union or elected employee representatives and the respondent did not fulfil its consultation obligations before making redundancies at the establishment.

The complaint of breach of contract in relation to notice pay was well-founded. The respondent failed to provide the claimant with 6 weeks' notice pay to which she was entitled under her contract of employment.

The respondent made an unauthorised deduction from the claimant's wages in the period 1 to 28 March 2023. The tribunal found the complaint well-founded and ordered payment of the gross sum deducted.

The complaint in respect of holiday pay was well-founded. The respondent failed to pay the claimant accrued but untaken holiday pay in accordance with regulation 14(2) and/or 16(1) of the Working Time Regulations 1998, amounting to 1.4 weeks' pay.

Under section 163 Employment Rights Act 1996, the tribunal determined that the claimant was entitled to a statutory redundancy payment following her dismissal by reason of redundancy when the company entered creditors voluntary liquidation.