Claimant v Qube Qualifications and Development Limited
Outcome
Individual claims
The tribunal found that the respondent failed to comply with the requirement of s188 TULR(C)A to inform and consult with employees about collective redundancies. There was no recognised trade union or appointed or elected employee representatives, and the employer failed to follow proper consultation procedures before making redundancies at the establishment.
Facts
The claimant was employed by Qube Qualifications and Development Limited which went into creditors voluntary liquidation. The company made collective redundancies from its establishment at Bee House, Milton Park, Abingdon on or around 28 March 2023. The employer failed to inform and consult with employees or their representatives before making the redundancies as required by law.
Decision
The tribunal upheld the claim for failure to inform and consult under s188 TULR(C)A. The tribunal made a protective award of the maximum 90 days (12.86 weeks) remuneration totalling £6,982.98, beginning from 28 March 2023, as there had been no recognised trade union or employee representatives and no consultation had taken place.
Practical note
Employers must comply with statutory consultation obligations before collective redundancies even when facing insolvency, 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
- 3305320/2023
- Decision date
- 20 February 2025
- Hearing type
- full merits
- Hearing days
- —
- Classification
- contested
Respondent
- Sector
- education
- Represented
- No
Claimant representation
- Represented
- No