Claimant v Qube Qualifications and Development Limited
Outcome
Individual claims
The tribunal found that the respondent's premises constituted an establishment for the purpose of s188 TULR(C)A, there was no recognised trade union or appointed/elected employee representatives, and the respondent failed to comply with the requirement to inform and consult under s188 TULR(C)A before making redundancies.
Facts
The claimant was employed by Qube Qualifications and Development Limited, which went into creditors voluntary liquidation. The respondent made redundancies at its establishment at Bee House, Milton Park, Abingdon without consulting with trade unions or employee representatives as required by law. The claimant brought a claim for failure to inform and consult under s188 TULR(C)A.
Decision
The tribunal upheld the complaint that the respondent failed to comply with s188 TULR(C)A requirements to inform and consult before making collective redundancies. The tribunal made a protective award in favour of the claimant for the maximum period of 90 days beginning 28 March 2023, totaling £6,306.29.
Practical note
Employers must comply with collective consultation requirements under TULR(C)A before making redundancies, even when entering insolvency, or face protective awards of up to 90 days' pay per affected employee.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3305207/2023
- Decision date
- 17 February 2025
- Hearing type
- full merits
- Hearing days
- —
- Classification
- contested
Respondent
- Sector
- education
- Represented
- No
Employment details
Claimant representation
- Represented
- No