Mrs A Belk v Qube Qualifications and Development Ltd (in Creditors Voluntary Liquidation): 3303893/2023
JUDGMENT
The judgment of the Tribunal is as follows: Protective award[1]The respondent’s premises at Bee House, 140 Eastern Avenue, Milton Park, Abingdon, Oxfordshire, OX14 4SB 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 claimants.[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 £7,171.89. Notice pay[6]The complaint of breach of contract in relation to notice pay is well-founded.[7]The respondent shall pay the claimant £4,795.70 as damages for breach of contract (equivalent of 10 weeks’ pay). This figure has been calculated using net pay. Wages[8]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.[9]The respondent shall pay the claimant £2,230.76, which is the gross sum deducted. The claimant is responsible for the payment of any tax or National Insurance. Redundancy payment[10]Under section 163 Employment Rights Act 1996 it is determined that the claimant is entitled to a redundancy payment of £5,576.90. Credit[11]Credit is to be given for sums paid by the Redundancy Payments Service in relation to notice pay, unpaid wages and redundancy pay. Approved by: