Claimant v Qube Qualifications and Development Limited
Outcome
Individual claims
The tribunal found that the respondent failed to comply with section 188 TULR(C)A regarding collective redundancy consultation. There was no recognised trade union or appointed/elected employee representatives, and the respondent failed to inform and consult employees before making 20 or more redundancies at the establishment.
The complaint of breach of contract in relation to notice pay was well-founded. The respondent failed to pay the claimant the statutory or contractual notice period of 1 week's pay upon termination of employment.
The tribunal found that the respondent made an unauthorised deduction from the claimant's wages in the period 1 to 28 March 2023, failing to pay £2,000 in wages that were due to the claimant.
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, Abingdon, affecting 20 or more employees. The company failed to inform or consult with employees or their representatives as required under section 188 TULR(C)A before making the redundancies effective on 28 March 2023. The claimant was owed unpaid wages of £2,000 for the period 1-28 March 2023 and was not paid notice pay.
Decision
The tribunal upheld all three claims: failure to inform and consult on collective redundancies, breach of contract for notice pay, and unlawful deduction of wages. The tribunal awarded a maximum protective award of 90 days (£6,430), notice pay of £427.69, and unpaid wages of £2,000. Credit is to be given for sums already paid by the Redundancy Payments Service.
Practical note
When a company enters insolvency and makes collective redundancies without consulting employees or their representatives, tribunals will award the maximum 90-day protective award, with employees able to claim from the National Insurance Fund via the Secretary of State.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3305327/2023
- Decision date
- 20 February 2025
- Hearing type
- remedy
- Hearing days
- —
- Classification
- contested
Respondent
- Sector
- education
- Represented
- No
Employment details
Claimant representation
- Represented
- No