Claimant v Qube Qualifications and Development Limited
Outcome
Individual claims
The tribunal found that the respondent failed to comply with section 188 of TULR(C)A. There was no recognised trade union or appointed or elected employee representatives for the purpose of consultation. The respondent was required to consult before making collective redundancies at the establishment.
The complaint of breach of contract in relation to notice pay was well-founded. The claimant was entitled to 4 weeks' notice pay which was not provided by the respondent when employment terminated.
Facts
The claimant was employed by Qube Qualifications and Development Limited which went into creditors voluntary liquidation. The company made collective redundancies from its establishment at Bee House, Milton Park, Abingdon, Oxfordshire. The respondent failed to consult with employee representatives or a recognised trade union before making the redundancies. The claimant's employment terminated on 28 March 2023 without proper notice being given or paid.
Decision
The tribunal found that the respondent breached section 188 of TULR(C)A by failing to inform and consult before collective redundancies. A protective award of 90 days (£8,903.11) was made. The tribunal also found the respondent breached the claimant's contract by failing to pay 4 weeks' notice pay (£2,264.56). Credit was to be given for sums already paid by the Redundancy Payments Service.
Practical note
Employers must consult with employee representatives before making collective redundancies, even when facing insolvency, or face a protective award of up to 90 days' pay per affected employee.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3306064/2023
- Decision date
- 19 February 2025
- Hearing type
- full merits
- Hearing days
- —
- Classification
- contested
Respondent
- Sector
- education
- Represented
- No
Claimant representation
- Represented
- No