Claimant v Qube Qualifications and Development Limited
Outcome
Individual claims
The tribunal found that the respondent failed to comply with s188 TULR(C)A requirements to inform and consult on collective redundancies. There was no recognised trade union or appointed or elected employee representatives, and no proper consultation took place before dismissals at the establishment.
The respondent failed to pay the claimant's contractual notice period. The claimant was entitled to 4 weeks' notice pay and this was not paid upon termination.
The respondent made an unauthorised deduction from the claimant's pension contributions in the period 1 to 28 March 2023. The tribunal found this was an unlawful deduction of £300.
The respondent failed to reimburse contractually agreed expenses, specifically a fuel allowance. The claimant was entitled to £350 which was not paid.
Facts
The claimant was employed by Qube Qualifications and Development Limited, which operated from premises in Abingdon, Oxfordshire. The company entered creditors voluntary liquidation. The claimant's employment ended on 28 March 2023. The respondent failed to inform and consult about collective redundancies as required by law, with no trade union or employee representatives appointed. The respondent also failed to pay the claimant's notice pay, made unauthorised deductions from pension contributions totalling £300 in March 2023, and failed to reimburse £350 in contractual fuel expenses.
Decision
The tribunal upheld all of the claimant's claims. It awarded a protective award of £6,924.60 for 90 days for failure to consult on collective redundancies, £1,821.48 for notice pay (4 weeks' net pay), £300 for unlawful deduction of pension contributions, and £350 for unpaid expenses. Credit was to be given for sums already paid by the Redundancy Payments Service.
Practical note
When a company enters insolvency and makes collective redundancies without proper consultation under s.188 TULR(C)A, employees are entitled to a protective award of up to 90 days' pay, in addition to other contractual entitlements.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 1307747/2023
- Decision date
- 14 February 2025
- Hearing type
- full merits
- Hearing days
- —
- Classification
- contested
Respondent
- Sector
- education
- Represented
- No
Claimant representation
- Represented
- No