Claimant v Qube Qualifications and Development Limited (in Creditors Voluntary Liquidation)
Outcome
Individual claims
The Tribunal found that the respondent's premises constituted an establishment for s188 purposes, there was no recognised trade union or employee representatives, and the respondent failed to comply with the requirement to inform and consult under s188 TULR(C)A before making the claimant redundant.
The judgment notes that other claims were initially presented but dismissed upon the claimant's failure to respond to the Tribunal's correspondence requesting clarification, resulting in failure to prove any claim beyond the protective award.
Facts
The claimant was made redundant from Qube Qualifications and Development Limited, which subsequently went into Creditors Voluntary Liquidation. The company operated from premises in Abingdon, Oxfordshire. The employer failed to inform or consult with employees before making redundancies, and there was no recognised trade union or employee representatives for consultation purposes.
Decision
The Tribunal upheld the complaint that the respondent failed to comply with s188 TULR(C)A requirements to inform and consult. A protective award of the maximum 90 days was made, totalling £10,510.61. Other claims initially presented were dismissed due to the claimant's failure to respond to tribunal correspondence.
Practical note
Employers who fail to inform and consult before collective redundancies face protective awards of up to 90 days' pay per affected employee, even where the company subsequently enters insolvency.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3305882/2023
- Decision date
- 19 February 2025
- Hearing type
- full merits
- Hearing days
- —
- Classification
- contested
Respondent
- Sector
- education
- Represented
- No
Employment details
Claimant representation
- Represented
- No