Miss A Humphreys v Qube Qualifications and Development Ltd (in Creditors Voluntary Liquidation) and Secretary of State for Business and Trade: 3304218/2023
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) of 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 Tribunal orders the respondent by way of a protective award under section 189(3) of TULR(C)A to pay to the claimant a payment equivalent to remuneration for the period of 90 days beginning on 28 March 2023.[6]The Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996 apply this to award. Notice pay[7]The complaint of breach of contract in relation to notice pay is well-founded.[8]The respondent shall pay the claimant £1,576.76 as damages for breach of contract (equivalent of 4 weeks’ pay). This figure has been calculated using net pay of £394.19 per week. 10.2 Judgment - rule 61 February Case No: 3304218/2023 Expenses[9]The complaint of breach of contract in relation to expenses is well-founded.[10]The respondent shall pay the claimant £209.10 as damages for breach of contract relating to payment of expenses. Credit[11]Credit is to be given for sums paid by the Redundancy Payments Service in relation to notice pay. Approved by