Claimant v Qube Qualifications and Development Limited (in Creditors Voluntary Liquidation)
Outcome
Individual claims
The tribunal found that the respondent failed to comply with section 188 of TULR(C)A which requires employers to consult with employee representatives before making 20 or more redundancies at an establishment. There was no recognised trade union and no employee representatives were appointed or elected, meaning the statutory consultation requirements were not met.
Facts
The claimant was employed by Qube Qualifications and Development Limited, which went into creditors voluntary liquidation. The employer made 20 or more redundancies at its establishment in Abingdon, Oxfordshire, on or around 28 March 2023. There was no recognised trade union and no employee representatives were appointed or elected prior to the redundancies.
Decision
The tribunal upheld the complaint that the respondent failed to comply with section 188 of TULR(C)A by not consulting with employee representatives before making collective redundancies. The tribunal awarded the maximum protective award of 90 days remuneration totalling £5,688.11.
Practical note
Employers facing insolvency must still comply with collective redundancy consultation obligations under section 188 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
- 3307096/2023
- Decision date
- 19 February 2025
- Hearing type
- full merits
- Hearing days
- —
- Classification
- contested
Respondent
- Sector
- education
- Represented
- No
Employment details
Claimant representation
- Represented
- No