Cases→3305231/2023

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

19 February 2025Before Employment Judge Shastri-HurstEast of England

Outcome

Partly successful£4,013

Individual claims

Failure to Inform & Consultsucceeded

The tribunal found that the respondent's premises constituted an establishment for the purpose of s188 TULR(C)A, there was no recognised trade union or appointed/elected employee representatives, and the respondent failed to comply with the requirement to inform and consult under s188 TULR(C)A. A protective award of 90 days was granted.

Redundancy Payfailed

The claim for redundancy payment failed because the claimant did not have the requisite 2 years' service required to qualify for statutory redundancy pay.

Breach of Contractwithdrawn

The complaint of breach of contract in relation to notice pay was dismissed upon withdrawal as the claimant accepted she had been paid her notice pay.

Holiday Paysucceeded

The tribunal found the complaint in respect of holiday pay was well-founded. The respondent failed to pay the claimant in accordance with regulation 14(2) and/or 16(1) of the Working Time Regulations 1998. The respondent was ordered to pay £81.

Unlawful Deduction from Wagesfailed

The complaint of unauthorised deductions from wages failed. The tribunal did not find that the respondent had made unlawful deductions from the claimant's wages.

Facts

The claimant was employed by Qube Qualifications and Development Limited, which went into creditors voluntary liquidation. The company had premises at Bee House, Milton Park, Abingdon. The claimant's employment ended on or around 28 March 2023. The claimant did not have 2 years' service. The respondent failed to inform and consult with employees before the redundancies and failed to pay outstanding holiday pay, although notice pay was paid.

Decision

The tribunal upheld the claim for failure to inform and consult, awarding a protective award of 90 days (£3,932.20) and found the holiday pay claim succeeded, awarding £81. The redundancy payment claim failed due to insufficient service. The notice pay claim was withdrawn as it had been paid, and the unlawful deductions claim failed.

Practical note

Employers must comply with collective consultation obligations under s.188 TULR(C)A even when facing insolvency, or face protective awards of up to 90 days' pay per affected employee.

Award breakdown

Holiday pay£81

Legal authorities cited

Statutes

TULR(C)A 1992 s.188Working Time Regulations 1998 reg.16(1)TULR(C)A 1992 s.188(1B)Working Time Regulations 1998 reg.14(2)

Case details

Case number
3305231/2023
Decision date
19 February 2025
Hearing type
full merits
Hearing days
—
Classification
contested

Respondent

Name
Qube Qualifications and Development Limited (in Creditors Voluntary Liquidation)
Sector
education
Represented
No

Employment details

Claimant representation

Represented
No
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