Cases→3305376/2023

Claimant v Qube Qualifications and Development Limited (in Creditors Voluntary Liquidation)

14 February 2025Before Employment Judge Shastri-HurstMidlands East

Outcome

Claimant succeeds£11,226

Individual claims

Failure to Inform & Consultsucceeded

The tribunal found the respondent failed to comply with s188 TULR(C)A regarding collective consultation prior to redundancy. There was no recognised trade union or appointed employee representatives, and the respondent went into liquidation without proper consultation.

Breach of Contractsucceeded

The respondent failed to pay the claimant's contractual notice pay of 4 weeks. The tribunal awarded damages for breach of contract calculated on net pay basis.

Breach of Contractsucceeded

The respondent failed to reimburse the claimant for legitimate mileage expenses owed under the employment contract, amounting to £767.60.

Holiday Paysucceeded

The respondent failed to pay accrued but untaken holiday pay on termination in breach of the Working Time Regulations 1998, regulations 14(2) and/or 16(1).

Redundancy Paysucceeded

The claimant was entitled to a statutory redundancy payment under s163 Employment Rights Act 1996 following redundancy dismissal when the company entered liquidation.

Facts

The claimant was employed by Qube Qualifications and Development Limited until 28 March 2023 when the company entered creditors voluntary liquidation. The respondent made redundancies without conducting proper collective consultation under TULR(C)A. The claimant was owed notice pay, holiday pay, expenses, and a redundancy payment. The respondent did not participate in proceedings.

Decision

The tribunal upheld all claims. A protective award of 90 days (£7,367.62) was made for failure to consult. The claimant was awarded notice pay (£1,830), holiday pay (£114.59), expenses (£767.60), and redundancy pay (£1,145.82), with credit for sums already paid by the Redundancy Payments Service.

Practical note

Employers entering insolvency must still comply with collective consultation obligations under s188 TULR(C)A, and failure to do so will result in a protective award of up to 90 days' pay per affected employee.

Award breakdown

Notice pay£1,830
Holiday pay£115
Redundancy pay£1,146

Legal authorities cited

Statutes

Working Time Regulations 1998 reg.16(1)TULR(C)A 1992 s.188Employment Rights Act 1996 s.163TULR(C)A 1992 s.188(1B)Working Time Regulations 1998 reg.14(2)

Case details

Case number
3305376/2023
Decision date
14 February 2025
Hearing type
default judgment
Hearing days
—
Classification
default

Respondent

Name
Qube Qualifications and Development Limited (in Creditors Voluntary Liquidation)
Sector
education
Represented
No

Claimant representation

Represented
No
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