Miss J Bollands v Qube Qualifications and Development Ltd (in Creditors Voluntary Liquidation) and Secretary of State for Business and Trade: 3303934/2023
JUDGMENT
The claim for a redundancy payment is struck out.REASONS
[1]The Claimant claims a right to a redundancy payment.[2]Section 155 of the Employment Rights Act 1996 says that employees do not have the right to a redundancy payment unless they have been employed for two years or more.[3]The Claimant was employed by the Respondent for less than 2 years.[4]Therefore, the Claimant does not have the right to a redundancy payment.[5]The Claimant was given the opportunity to explain why the claim for a redundancy payment should not be struck out but has not given an acceptable reason.[6]Accordingly, the claim for a redundancy payment is struck out. The claimant’s other complaints are not affected by this judgment. Approved by: Employment Judge Shastri-Hurst Date: 19/11/2024[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 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 £6,552.68. Notice Pay[6]The complaint of breach of contract in relation to notice pay is well-founded.[7]The respondent shall pay the claimant £1719 as damages for breach of contract (equivalent of 4 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 £2208, which is the gross sum deducted. The claimant is responsible for the payment of any tax or National Insurance. Credit[10]Credit is to be given for sums paid by the Redundancy Payments Service in relation to payments set out above.[11]To the extent the claimant intended to make any other claims, she has failed to respond to the Tribunal’s letter of 8 November 2023, and as such has failed to prove any other claims. Any such other claims are therefore dismissed. Approved by: