Claimant v Qube Qualifications and Development Limited
Outcome
Individual claims
The tribunal found that the respondent failed to comply with the requirement under s188 TULR(C)A to inform and consult with employee representatives prior to collective redundancies. There was no recognised trade union or appointed or elected employee representatives, and the respondent's premises constituted an establishment for the purpose of the legislation.
Facts
The claimant was employed by Qube Qualifications and Development Limited which went into Creditors Voluntary Liquidation. The respondent dismissed 20 or more employees at their establishment in Milton Park, Abingdon, without consulting with trade union or employee representatives as required by law. The claimant brought claims including for a protective award for failure to inform and consult on collective redundancies, and withdrew all other claims.
Decision
The tribunal upheld the complaint that the respondent failed to comply with s188 TULR(C)A consultation requirements. A protective award of 90 days was granted, totaling £8,161.08. All other claims were dismissed upon withdrawal by the claimant.
Practical note
Employers must consult with appropriate employee representatives before making collective redundancies, even when facing insolvency, or face protective awards of up to 90 days' pay per affected employee.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3305317/2023
- Decision date
- 20 February 2025
- Hearing type
- full merits
- Hearing days
- —
- Classification
- contested
Respondent
- Sector
- education
- Represented
- No
Employment details
Claimant representation
- Represented
- No