Cases3306002/2023

Claimant v Qube Qualifications and Development Limited (in Creditors Voluntary Liquidation)

19 February 2025Before Employment Judge Shastri-HurstEast of England

Outcome

Claimant succeeds£6,677

Individual claims

Failure to Inform & Consultsucceeded

The tribunal found that the respondent failed to comply with the requirement under s188 of TULR(C)A to inform and consult appropriate representatives before making 20 or more employees redundant at the establishment. There was no recognised trade union or appointed or elected employee representatives, and the respondent failed to follow the statutory consultation procedure.

Facts

The claimant was employed by Qube Qualifications and Development Limited, which went into Creditors Voluntary Liquidation. The company made 20 or more employees redundant from its establishment at Bee House, Abingdon, Oxfordshire on 28 March 2023. The respondent failed to inform and consult with appropriate employee representatives or a recognised trade union before the redundancies, as required by s188 of TULR(C)A 1992.

Decision

The tribunal upheld the complaint that the respondent failed to comply with s188 TULR(C)A requirements for collective consultation. The tribunal made a protective award of 90 days (the maximum period) beginning on 28 March 2023, ordering payment of £6,677.30 to the claimant for the protected period.

Practical note

Employers making 20 or more redundancies at an establishment must comply with collective 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

TULR(C)A 1992 s.188TULR(C)A 1992 s.188(1B)

Case details

Case number
3306002/2023
Decision date
19 February 2025
Hearing type
full merits
Hearing days
Classification
contested

Claimant representation

Represented
No