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 collective consultation. There was no recognised trade union or appointed/elected employee representatives, and the respondent's premises constituted an establishment for the purposes of the Act.
The tribunal found the complaint of breach of contract in relation to notice pay well-founded. The claimant was entitled to 4 weeks' notice pay which was not paid by the respondent.
The tribunal found the complaint of breach of contract regarding unpaid expenses well-founded. The claimant was owed mileage expenses for the period 1 to 28 March 2023.
Facts
The claimant was employed by Qube Qualifications and Development Ltd, which entered creditors voluntary liquidation. The respondent failed to comply with collective consultation requirements under s188 TULR(C)A before making the claimant redundant on 28 March 2023. The claimant was also owed 4 weeks' notice pay and £19 in unpaid mileage expenses. The Secretary of State for Business and Trade was joined as second respondent given the first respondent's insolvency.
Decision
The tribunal upheld all claims. It awarded a protective award of 90 days (£6,677.30) for failure to inform and consult, £1,766.12 for notice pay (net), and £19 for unpaid expenses. Credit was to be given for any sums already paid by the Redundancy Payments Service.
Practical note
Employers must comply with collective consultation obligations under s188 TULR(C)A 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
- 3305873/2023
- Decision date
- 19 February 2025
- Hearing type
- full merits
- Hearing days
- —
- Classification
- contested
Respondent
- Sector
- education
- Represented
- No
Claimant representation
- Represented
- No