Claimant v Qube Qualifications and Development Limited (in Creditors Voluntary Liquidation)
Outcome
Individual claims
The tribunal found that the respondent failed to comply with s188 TULR(C)A requiring consultation with employees or their representatives before collective redundancies. There was no recognised trade union or appointed employee representatives, and the respondent failed to consult appropriately before dismissing 20 or more employees at the establishment.
The tribunal upheld the complaint of breach of contract in relation to notice pay. The claimant was entitled to 4 weeks' notice pay which was not provided by the respondent upon termination of employment.
Facts
The claimant was employed by Qube Qualifications and Development Limited which went into Creditors Voluntary Liquidation. The respondent made 20 or more employees redundant from its establishment at Milton Park, Abingdon on 28 March 2023. The respondent failed to inform or consult with employees or their representatives before the collective redundancy, and failed to pay the claimant notice pay. There was no recognised trade union or elected employee representatives.
Decision
The tribunal upheld both claims. The respondent breached s188 TULR(C)A by failing to consult before collective redundancies, resulting in a protective award of 90 days (£8,655.81). The breach of contract claim for notice pay also succeeded, with an award of 4 weeks' net pay (£2,209.20), subject to credit for payments from the Redundancy Payments Service.
Practical note
Employers facing insolvency must still comply with collective consultation obligations under TULR(C)A s188 before making 20 or more redundancies, with failure resulting in a protective award of up to 90 days' pay per affected employee.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 2600970/2023
- Decision date
- 14 February 2025
- Hearing type
- default judgment
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- education
- Represented
- No
Claimant representation
- Represented
- No