Claimant v Qube Qualifications and Development Limited
Outcome
Individual claims
The tribunal found that the respondent failed to comply with the requirement of s188 TULR(C)A to inform and consult with employee representatives prior to a collective redundancy. There was no recognised trade union or appointed/elected employee representatives, and the employer failed to fulfil its statutory obligations regarding collective consultation before dismissing 20 or more employees at the establishment.
Facts
Qube Qualifications and Development Limited went into creditors voluntary liquidation and dismissed employees at its establishment at Bee House, Milton Park, Abingdon. The employer failed to inform or consult with employee representatives before making 20 or more redundancies, as required by law. There was no recognised trade union or elected employee representatives in place. The claimant was one of the affected employees dismissed on 28 March 2023.
Decision
The tribunal upheld the complaint that the respondent breached s188 TULR(C)A by failing to inform and consult prior to collective redundancies. The tribunal made a protective award for the maximum period of 90 days, awarding the claimant £6,918.68 representing 12.86 weeks' pay at £537.98 per week for the protected period beginning 28 March 2023.
Practical note
Employers must comply with collective consultation obligations under s188 TULR(C)A before making 20 or more redundancies at an establishment, or face protective awards of up to 90 days' pay per affected employee.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3305201/2023
- Decision date
- 18 February 2025
- Hearing type
- full merits
- Hearing days
- —
- Classification
- contested
Respondent
- Sector
- education
- Represented
- No
Employment details
Claimant representation
- Represented
- No