Claimant v Qube Qualifications and Development Limited
Outcome
Individual claims
The tribunal found that the respondent failed to comply with the requirements of s188 TULR(C)A. There was no recognised trade union or appointed or elected employee representatives for consultation purposes. The respondent failed to consult in circumstances where 20 or more employees were made redundant at the establishment.
Facts
Holly Graham was employed by Qube Qualifications and Development Limited which went into Creditors Voluntary Liquidation. The company made 20 or more employees redundant from its establishment at Bee House, Milton Park, Abingdon, with effect from 28 March 2023. The respondent failed to inform or consult with employee representatives or a recognised trade union as required by law before making the redundancies.
Decision
The tribunal upheld the complaint that the respondent failed to comply with s188 TULR(C)A requirements to inform and consult. The tribunal made a protective award for the maximum period of 90 days beginning on 28 March 2023, ordering the respondent to pay the claimant £4,792.79 in remuneration for the protected period.
Practical note
Employers making collective redundancies of 20 or more employees must comply with statutory consultation requirements under s188 TULR(C)A or face protective awards of up to 90 days' pay per affected employee, even in insolvency situations.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3305855/2023
- Decision date
- 19 February 2025
- Hearing type
- full merits
- Hearing days
- —
- Classification
- contested
Respondent
- Sector
- education
- Represented
- No
Claimant representation
- Represented
- No