Claimant v Qube Qualifications and Development Limited (in Creditors Voluntary Liquidation)
Outcome
Individual claims
The tribunal found that the respondent failed to comply with the requirement of s188 of 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 did not comply with the statutory consultation requirements.
The tribunal found the complaint of breach of contract in relation to notice pay was well-founded. The claimant was entitled to 12 weeks' notice pay which was not paid by the respondent.
Facts
The claimant was employed by Qube Qualifications and Development Limited which went into creditors voluntary liquidation. The company made collective redundancies at its establishment in Milton Park, Abingdon on 28 March 2023. The respondent failed to inform or consult with employee representatives as required by statute, and failed to pay the claimant's 12 weeks' notice pay.
Decision
The tribunal upheld the claims for failure to inform and consult under s188 TULR(C)A and breach of contract for notice pay. The tribunal awarded a protective award of £18,951.65 for 90 days and notice pay of £10,431.72, with credit to be given for sums already paid by the Redundancy Payments Service.
Practical note
Employers facing insolvency must still comply with collective consultation obligations under TULR(C)A, 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
- 3305356/2023
- Decision date
- 19 February 2025
- Hearing type
- full merits
- Hearing days
- —
- Classification
- contested
Respondent
- Sector
- education
- Represented
- No
Claimant representation
- Represented
- No