Mr P Fanning v Qube Qualifications and Development Ltd (in Creditors Voluntary Liquidation) and Secretary of State for Business and Trade: 3305547/2023
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 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 £6,140.14. Wages[6]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.[7]The respondent shall pay the claimant £1,909.84, which is the gross sum deducted. The claimant is responsible for the payment of any tax or National Insurance. Breach of contract (expenses)[8]The claim for expenses fails. The claimant has failed to provide details of this claim within the time given by the Tribunal. As such, he has not proved his claim. Credit[9]Credit is to be given for sums paid by the Redundancy Payments Service in relation to unpaid wages. Approved by: