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, which requires employers to inform and consult with employee representatives before collective redundancies. There was no recognised trade union or appointed or elected employee representatives, and the respondent did not fulfil its consultation obligations.
Facts
Mr Kar was employed by Qube Qualifications and Development Limited, which went into Creditors Voluntary Liquidation. The respondent made collective redundancies from its establishment in Abingdon, Oxfordshire. The respondent failed to inform and consult with employee representatives before making the redundancies, as required by section 188 of TULR(C)A. There was no recognised trade union or appointed or elected employee representatives.
Decision
The tribunal upheld the complaint that the respondent failed to comply with section 188 of TULR(C)A. The tribunal made a protective award ordering the respondent to pay the claimant remuneration for a protected period of 90 days beginning 28 March 2023, totalling £6,956.23.
Practical note
Employers must comply with consultation obligations under TULR(C)A before collective 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
- 3305595/2023
- Decision date
- 14 February 2025
- Hearing type
- full merits
- Hearing days
- —
- Classification
- contested
Respondent
- Sector
- education
- Represented
- No
Employment details
Claimant representation
- Represented
- No