Claimant v Qube Qualifications and Development Limited (in Creditors Voluntary Liquidation)
Outcome
Individual claims
The respondent failed to comply with the requirement to inform and consult under s188 TULR(C)A. There was no recognised trade union or appointed or elected employee representatives for the purpose of consultation prior to redundancy dismissals at the establishment at Bee House, Abingdon.
The respondent failed to pay the claimant notice pay due under her contract. The tribunal found the complaint of breach of contract in relation to notice pay was well-founded and awarded damages equivalent to 4 weeks' net pay.
Withdrawn by claimant who clarified she is only seeking notice pay and protective award.
Withdrawn by claimant who clarified she is only seeking notice pay and protective award.
Withdrawn by claimant who clarified she is only seeking notice pay and protective award.
Facts
The claimant was employed by Qube Qualifications and Development Limited which operated from premises in Abingdon, Oxfordshire. The respondent company entered Creditors Voluntary Liquidation. The claimant's employment terminated on 28 March 2023 by reason of redundancy. The respondent failed to inform and consult with employee representatives or a recognised trade union before making redundancies, and failed to pay the claimant's notice pay.
Decision
The tribunal upheld the claim for failure to inform and consult under s188 TULR(C)A and awarded a protective award of 90 days (£7,501.62). The tribunal also upheld the breach of contract claim for notice pay and awarded £1,861.28 representing 4 weeks' net pay. Credit is to be given for sums paid by the Redundancy Payments Service. Other claims were dismissed on withdrawal.
Practical note
Employers facing insolvency must still comply with collective redundancy consultation obligations under s188 TULR(C)A or face protective awards of up to 90 days' pay per affected employee.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3305239/2023
- Decision date
- 12 February 2025
- Hearing type
- full merits
- Hearing days
- —
- Classification
- contested
Respondent
- Sector
- education
- Represented
- No
Claimant representation
- Represented
- No