Claimant v Qube Qualifications and Development Limited (in Creditors Voluntary Liquidation)
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 prior to collective redundancy. There was no recognised trade union or appointed or elected employee representatives, and the respondent failed to discharge its statutory obligations regarding consultation before dismissing 20 or more employees at one establishment.
Facts
The claimant was employed by Qube Qualifications and Development Limited, which went into Creditors Voluntary Liquidation. The respondent made 20 or more employees redundant from its establishment at Bee House, Milton Park, Abingdon on or around 28 March 2023. The respondent failed to inform or consult with employee representatives or a recognised trade union prior to the redundancies as required by statute.
Decision
The tribunal upheld the complaint that the respondent failed to comply with s188 of TULR(C)A regarding collective redundancy consultation. The tribunal made a protective award of the maximum 90 days (12.86 weeks) remuneration totalling £8,037.50, calculated on the claimant's weekly pay of £625.
Practical note
Employers making collective redundancies must comply with consultation requirements under TULR(C)A s188 or face protective awards of up to 90 days' pay per affected employee, even when insolvent.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3305387/2023
- Decision date
- 17 February 2025
- Hearing type
- full merits
- Hearing days
- —
- Classification
- contested
Respondent
- Sector
- education
- Represented
- No
Employment details
Claimant representation
- Represented
- No