Claimant v Qube Qualifications and Development Limited
Outcome
Individual claims
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/elected employee representatives, and the respondent failed in its consultation obligations before the redundancy dismissals.
The tribunal upheld the breach of contract claim for notice pay. The respondent failed to pay the claimant her contractual notice entitlement, and damages were awarded based on net pay.
The tribunal upheld a separate breach of contract claim for unpaid expenses. The respondent owed the claimant £208.80 in expenses that had not been reimbursed.
The complaint of unauthorised deductions from wages was dismissed upon no losses being claimed for unpaid wages.
Facts
The claimant was employed by Qube Qualifications and Development Limited, which went into Creditors Voluntary Liquidation. The company made the claimant redundant on 28 March 2023 without proper consultation under s188 TULR(C)A. The claimant was not paid notice pay or expenses owed. There was no trade union or employee representatives appointed for consultation purposes.
Decision
The tribunal upheld all claims. The respondent breached its duty to inform and consult under s188 TULR(C)A, resulting in a protective award of 90 days. The respondent also breached contract by failing to pay notice (£1,721.93) and expenses (£208.80). The unauthorised deductions claim was dismissed as no losses were claimed. Credit is to be given for sums paid by the Redundancy Payments Service.
Practical note
Employers must comply with collective consultation obligations under s188 TULR(C)A even when entering insolvency, or face significant protective awards of up to 90 days' pay per affected employee.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3304297/2023
- Decision date
- 20 February 2025
- Hearing type
- full merits
- Hearing days
- —
- Classification
- contested
Respondent
- Sector
- education
- Represented
- No
Claimant representation
- Represented
- No