Claimant v Qube Qualifications and Development Limited
Outcome
Individual claims
The tribunal found that the respondent failed to comply with the requirement under s188 TULR(C)A to inform and consult with employee representatives prior to collective redundancies. There was no recognised trade union or appointed or elected employee representatives, and the respondent's premises constituted an establishment for the purpose of the legislation.
Facts
The claimant was employed by Qube Qualifications and Development Limited, which went into Creditors Voluntary Liquidation. The respondent made collective redundancies from its premises at Bee House, Milton Park, Abingdon, around 28 March 2023. The respondent failed to inform and consult with employee representatives or a recognised trade union prior to the redundancies as required by law.
Decision
The tribunal upheld the complaint that the respondent breached s188 TULR(C)A by failing to inform and consult. The tribunal made a protective award ordering the respondent to pay the claimant remuneration for a protected period of 90 days (12.86 weeks) totalling £8,653.75.
Practical note
Employers making collective redundancies must comply with statutory consultation obligations even when facing insolvency, or face protective awards of up to 90 days' pay per affected employee.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3305990/2023
- Decision date
- 19 February 2025
- Hearing type
- full merits
- Hearing days
- —
- Classification
- contested
Respondent
- Sector
- education
- Represented
- No
Claimant representation
- Represented
- No