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 employees prior to collective redundancies. There was no recognised trade union or appointed or elected employee representatives, and the respondent failed to fulfil its statutory obligations regarding consultation.
The tribunal upheld the complaint that the respondent made an unauthorised deduction from the claimant's wages for the period 1 to 28 March 2023, awarding the claimant the gross sum of £2,692.32 that had been unlawfully deducted.
Under section 163 Employment Rights Act 1996, the tribunal determined that the claimant was entitled to a statutory redundancy payment of £4,711.56 following the termination of her employment due to redundancy.
Facts
Ms Ackrill was employed by Qube Qualifications and Development Limited, which went into Creditors Voluntary Liquidation. The company made redundancies at its establishment at Bee House, Milton Park, Abingdon, terminating the claimant's employment on 28 March 2023. The respondent failed to inform or consult with employees prior to the collective redundancies, with no recognised trade union or employee representatives in place. The respondent also failed to pay wages for the period 1-28 March 2023 and did not pay statutory redundancy pay.
Decision
The tribunal upheld all of the claimant's claims. The respondent was found to have breached s188 TULR(C)A by failing to inform and consult, resulting in a protective award of 90 days (£8,655.81). The tribunal also awarded unpaid wages of £2,692.32 and a statutory redundancy payment of £4,711.56, with credit to be given for any sums already paid by the Redundancy Payments Service.
Practical note
Employers must comply with collective consultation obligations even when facing insolvency, and failure to do so will result in a protective award of up to 90 days' pay per affected employee.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3305386/2023
- Decision date
- 14 February 2025
- Hearing type
- full merits
- Hearing days
- —
- Classification
- contested
Respondent
- Sector
- education
- Represented
- No
Employment details
Claimant representation
- Represented
- No