Mr P Bent v Qube Qualifications and Development Ltd (in Creditors Voluntary Liquidation) and Secretary of State for Business and Trade: 2404534/2023
JUDGMENT
The judgment of the Tribunal is as follows: Protective award[1]The respondent’s premises at Qube Learning, Knowsley Street, Bolton, BL1 2AS constituted an establishment for the purpose of s188 of the Trade Union and Labour Relations (Consolidation) Act 1992 (“TULR(C)A”).[2]There was no recognised trade union or appointed or elected employee representatives for the purpose of s188(1B) if TULR(C)A.[3]The complaint that the respondent failed to comply with a requirement of s188 of TULR(C)A is upheld.[4]The Tribunal makes a protective award in favour of the claimant.[5]The respondent is ordered to pay to the claimant remuneration for the protected period of 90 days (or 12.86 weeks) beginning on 28 March 2023 of £6,924.60. Notice pay[6]The complaint of breach of contract in relation to notice pay is well-founded.[7]The respondent shall pay the claimant £1,680.40 as damages for breach of contract (equivalent of 4 weeks’ pay). This figure has been calculated using net pay. Expenses[8]The complaint of breach of contract in relation to travel expenses is well-founded.[9]The respondent shall pay the claimant £708.21 as damages for breach of contract. Wages[10]The complaint of unauthorised deductions from wages is well-founded. The respondent made an unauthorised deduction from the claimant’s wages in the period 1 to 28 March 2023.[11]The respondent shall pay the claimant £2,153.84, which is the gross sum deducted. The claimant is responsible for the payment of any tax or National Insurance. Redundancy payment[12]Under section 163 Employment Rights Act 1996 it is determined that the claimant is entitled to a redundancy payment of £1,076.92. Unfair dismissal[13]The complaint of unfair dismissal is well-founded.[14]The respondent is to pay the claimant an award for loss of statutory rights in the sum of £500. Credit[15]Credit is to be given for sums paid by the Redundancy Payments Service. Approved by