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 regarding collective redundancies. There was no recognised trade union or appointed or elected employee representatives, and the employer failed to fulfil its statutory obligations prior to the redundancies taking effect on 28 March 2023.
Facts
Qube Qualifications and Development Limited entered creditors voluntary liquidation and made the claimant and other employees redundant with effect from 28 March 2023. The employer's premises at Bee House, Milton Park, Abingdon constituted an establishment for the purposes of collective redundancy consultation obligations. The employer failed to inform and consult with employee representatives as required by s188 of TULR(C)A, as there was no recognised trade union or appointed or elected employee representatives.
Decision
The tribunal upheld the claimant's complaint that the respondent failed to comply with its obligation under s188 of TULR(C)A to inform and consult regarding collective redundancies. The tribunal made a protective award in favour of the claimant for the maximum period of 90 days beginning on 28 March 2023, totalling £5,440.81.
Practical note
Employers facing insolvency must still comply with collective consultation obligations under s188 TULR(C)A, and failure to do so will result in protective awards of up to 90 days' pay per affected employee.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3307462/2023
- Decision date
- 19 February 2025
- Hearing type
- full merits
- Hearing days
- —
- Classification
- contested
Respondent
- Sector
- education
- Represented
- No
Claimant representation
- Represented
- No