Claimant v Qube Qualifications and Development Limited (in Creditors Voluntary Liquidation)
Outcome
Individual claims
The tribunal found that the respondent failed to comply with section 188 of TULR(C)A 1992 as there was no recognised trade union or appointed/elected employee representatives and the employer failed to inform and consult about the collective redundancy. The respondent's premises at Bee House constituted an establishment for the purposes of the collective consultation requirements.
The complaint of breach of contract in relation to notice pay was well-founded. The respondent failed to pay the claimant notice pay upon termination. The tribunal awarded damages for breach of contract calculated on net pay.
The complaint of unauthorised deductions from wages was well-founded. The respondent made an unauthorised deduction from the claimant's wages for the period 1 to 28 March 2023, failing to pay wages owed to the claimant during this period.
Facts
The claimant was employed by Qube Qualifications and Development Limited until 28 March 2023 when the company went into creditors voluntary liquidation. The respondent failed to pay the claimant wages for the period 1-28 March 2023 and failed to pay notice pay. Additionally, the respondent failed to comply with collective consultation requirements under section 188 TULR(C)A, having no recognised trade union or employee representatives for consultation purposes. The respondent did not defend the claims.
Decision
The tribunal upheld all three claims by default judgment. The tribunal awarded a 90-day protective award (£7,048.31), notice pay (£1,849.20 net), and unpaid wages (£2,192.32 gross). Credit was to be given for any sums already paid by the Redundancy Payments Service.
Practical note
Employers facing insolvency must still comply with collective consultation obligations under section 188 TULR(C)A or face protective awards of up to 90 days' pay, in addition to liability for contractual notice pay and unpaid wages.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 1303865/2023
- Decision date
- 14 February 2025
- Hearing type
- default judgment
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- education
- Represented
- No
Claimant representation
- Represented
- No