Claimant v Qube Qualifications and Development Limited (in Creditors Voluntary Liquidation)
Outcome
Individual claims
The tribunal found that the respondent failed to comply with the requirement to consult under s188 TULR(C)A regarding collective redundancy. There was no recognised trade union or elected employee representatives, and the respondent did not fulfil its consultation obligations before making redundancies.
The tribunal upheld the complaint that the respondent failed to pay notice pay due to the claimant. The claimant was entitled to 4 weeks' notice pay calculated at £407 per week net, totalling £1,628.
Facts
The claimant was employed by Qube Qualifications and Development Limited which entered Creditors Voluntary Liquidation. The company made redundancies from its establishment at Bee House, Milton Park, Abingdon without properly consulting employees as required under collective redundancy legislation. There was no recognised trade union or elected employee representatives. The claimant was dismissed on 28 March 2023 without receiving proper notice pay.
Decision
The tribunal upheld both the failure to inform and consult claim and the breach of contract claim for notice pay. The tribunal awarded a protective award of £6,965.75 for 90 days and notice pay of £1,628 for 4 weeks, with credit for amounts paid by the Redundancy Payments Service.
Practical note
Employers must comply with collective consultation obligations under s188 TULR(C)A before making redundancies, and failure to do so will result in a protective award of up to 90 days' pay per affected employee.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3305238/2023
- Decision date
- 20 February 2025
- Hearing type
- remedy
- Hearing days
- —
- Classification
- contested
Respondent
- Sector
- education
- Represented
- No
Claimant representation
- Represented
- No