Claimant v Qube Qualifications and Development Limited
Outcome
Individual claims
The respondent failed to comply with s188 TULR(C)A regarding collective redundancy consultation. There was no recognised trade union or appointed/elected employee representatives, and the respondent made no attempt to consult appropriately before dismissing employees from the establishment at Bee House, Milton Park.
The respondent failed to pay the claimant her contractual notice pay of 4 weeks upon termination of employment on 28 March 2023. This was a clear breach of the employment contract entitling the claimant to damages.
The respondent made an unauthorised deduction from the claimant's wages for the period 1 to 28 March 2023, failing to pay wages properly due during this period. The claimant was entitled to £2076.92 gross.
Withdrawn by claimant who confirmed she has received this pay.
Facts
The claimant was employed by Qube Qualifications and Development Limited, an education company that entered creditors voluntary liquidation. The respondent dismissed employees from its establishment at Bee House, Milton Park on 28 March 2023 without complying with collective redundancy consultation requirements under s188 TULR(C)A. The claimant was not paid her notice pay or wages for March 2023. The respondent did not defend the claims.
Decision
The tribunal upheld all claims finding the respondent failed to consult on collective redundancies, breached contract by not paying notice, and made unlawful deductions from wages. A protective award of 90 days (£6677.30), notice pay of £1661.52, and unpaid wages of £2076.92 were awarded. Credit was given for payments from the Redundancy Payments Service.
Practical note
Employers in insolvency cannot ignore collective consultation obligations under TULR(C)A, and tribunals will award the maximum 90-day protective award where there has been complete failure to consult employee representatives.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3305270/2023
- Decision date
- 14 February 2025
- Hearing type
- default judgment
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- education
- Represented
- No
Claimant representation
- Represented
- No