Cases3305332/2023

Claimant v Qube Qualifications and Development Limited

20 February 2025Before Employment Judge Shastri-HurstLondon East

Outcome

Claimant succeeds£4,823

Individual claims

Failure to Inform & Consultsucceeded

The tribunal found that the respondent failed to comply with the requirement to inform and consult under s188 TULR(C)A. There was no recognised trade union or appointed or elected employee representatives, and the employer failed to carry out the required consultation before collective redundancies took place.

Facts

The claimant was employed by Qube Qualifications and Development Limited, which went into creditors voluntary liquidation. The company made collective redundancies at its establishment at Bee House, Milton Park, Abingdon. The employer failed to consult with employees or their representatives before making the redundancies, and there was no recognised trade union or elected employee representatives in place.

Decision

The tribunal upheld the complaint that the respondent failed to comply with s188 TULR(C)A regarding collective redundancy consultation. A protective award of 90 days (the maximum period) was made in the claimant's favour, amounting to £4,822.50.

Practical note

Employers must comply with collective consultation requirements under s188 TULR(C)A before making redundancies, or face a protective award of up to 90 days' pay per affected employee.

Award breakdown

Legal authorities cited

Statutes

TULR(C)A 1992 s.188TULR(C)A 1992 s.188(1B)

Case details

Case number
3305332/2023
Decision date
20 February 2025
Hearing type
full merits
Hearing days
Classification
contested

Respondent

Sector
education
Represented
No

Claimant representation

Represented
No