Claimant v Qube Qualifications and Development Limited (in Creditors Voluntary Liquidation)
Outcome
Individual claims
The tribunal found that the respondent failed to comply with s188 TULR(C)A regarding consultation over collective redundancies. There was no recognised trade union or appointed/elected employee representatives, and the respondent made no proper consultation before dismissing the claimant as part of redundancies.
The tribunal found the complaint of breach of contract in relation to notice pay well-founded. The respondent failed to pay the claimant the 9 weeks' notice pay she was entitled to upon termination.
Facts
The claimant was employed by Qube Qualifications and Development Ltd, which went into Creditors Voluntary Liquidation. Her employment ended on 28 March 2023 as part of collective redundancies at the Abingdon establishment. The respondent failed to inform or consult with employee representatives before making the redundancies and failed to pay the claimant's notice pay.
Decision
The tribunal upheld both claims. The respondent breached s188 TULR(C)A by failing to inform and consult on collective redundancies, resulting in a protective award of 90 days (£8,359). The respondent also breached the contract of employment by failing to pay 9 weeks' notice pay (£4,626 net). Credit was to be given for sums already paid by the Redundancy Payments Service.
Practical note
Employers entering insolvency must still comply with collective redundancy consultation obligations under s188 TULR(C)A or face protective awards of up to 90 days' pay per affected employee.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3305342/2023
- Decision date
- 20 February 2025
- Hearing type
- full merits
- Hearing days
- —
- Classification
- contested
Respondent
- Sector
- education
- Represented
- No
Claimant representation
- Represented
- No