Claimant v Qube Qualifications and Development Limited (in Creditors Voluntary Liquidation)
Outcome
Individual claims
The tribunal found that the respondent's premises constituted an establishment for the purpose of s188 TULR(C)A, that there was no recognised trade union or appointed/elected employee representatives, and that the respondent failed to comply with the requirement to inform and consult under s188. The tribunal upheld the complaint and made a protective award.
Facts
The claimant was employed by Qube Qualifications and Development Limited, which operated from premises in Abingdon, Oxfordshire. The company went into Creditors Voluntary Liquidation. The respondent failed to inform and consult with employee representatives or a recognised trade union before making collective redundancies, as required by s188 of TULR(C)A 1992. The claimant brought a claim for a protective award.
Decision
The tribunal upheld the complaint that the respondent failed to comply with the requirements of s188 TULR(C)A. It made a protective award in favour of the claimant for 90 days (12.86 weeks) from 28 March 2023, totalling £6,306.29, reflecting the employer's breach of collective consultation obligations.
Practical note
Employers must ensure compliance with statutory obligations to inform and consult employee representatives before collective redundancies, or face protective awards of up to 90 days' pay per affected employee.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3305204/2023
- Decision date
- 17 February 2025
- Hearing type
- full merits
- Hearing days
- —
- Classification
- contested
Respondent
- Sector
- education
- Represented
- No
Claimant representation
- Represented
- No