Claimant v Qube Qualifications and Development Limited
Outcome
Individual claims
The tribunal found that the respondent failed to comply with the requirement under s188 of TULR(C)A to inform and consult with employee representatives before making 20 or more redundancies at the establishment. There was no recognised trade union or appointed or elected employee representatives. The tribunal upheld the complaint and made a protective award for the maximum 90 day protected period.
The tribunal found that the respondent failed to pay the claimant notice pay. The claimant was entitled to 4 weeks' notice pay calculated on a net basis at £455.37 per week, totalling £1,821.48. The complaint was well-founded and damages were awarded for breach of contract.
Facts
The claimant was employed by Qube Qualifications and Development Limited which went into creditors voluntary liquidation. The respondent made 20 or more employees redundant from its establishment at Bee House, Milton Park, Abingdon on 28 March 2023. The respondent failed to inform and consult with employee representatives before the redundancies and failed to pay the claimant her contractual notice pay of 4 weeks.
Decision
The tribunal upheld both claims. The respondent breached its statutory duty under s188 TULR(C)A to inform and consult, and the tribunal awarded a protective award of 90 days (the maximum). The tribunal also found the respondent breached the claimant's contract by failing to pay 4 weeks' notice, awarding £1,821.48 net. Credit was to be given for payments from the Redundancy Payments Service.
Practical note
Employers facing collective redundancy must comply with information and consultation obligations under s188 TULR(C)A even when entering insolvency, or face maximum protective awards of 90 days' pay per affected employee.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3306104/2023
- Decision date
- 19 February 2025
- Hearing type
- full merits
- Hearing days
- —
- Classification
- contested
Respondent
- Sector
- education
- Represented
- No
Claimant representation
- Represented
- No