Case 1307747/2023 · Employment Tribunal
Mrs K Hamilton v Qube Qualifications and Development Limited (in Creditors Voluntary Liquidation) — 2023
- Case reference
- 1307747/2023
- Decision date
- 28 March 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Shastri-Hurst Date
Parties
2 namedClaimant
Mrs K Hamilton
Key findings
Tribunal's reasoningThe Tribunal found that the respondent's premises at Bee House, 140 Eastern Avenue, Milton Park, Abingdon constituted an establishment for the purposes of s188 TULR(C)A. It also found there was no recognised trade union or appointed or elected employee representatives for the purposes of s188(1B), and upheld the complaint that the respondent failed to comply with a requirement of s188. A protective award was made for a protected period of 90 days beginning on 28 March 2023.
The Tribunal held that the claimant's complaints for breach of contract in relation to notice pay, unauthorised deductions from wages in relation to pension contributions, and breach of contract in respect of expenses for fuel allowance were well-founded. It ordered payments of £1,821.48 for notice pay, £300 for the pension contribution deduction, and £350 for expenses, with credit to be given for sums paid by the Redundancy Payments Service in relation to notice pay, expenses, and pension.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Trade union | Protective award for failure to comply with a requirement of s188 TULR(C)A; remuneration awarded for a protected period of 90 days beginning on 28 March 2023. | Upheld | — | £6,925 |
| Breach of contract | Breach of contract in relation to notice pay was well-founded; damages equivalent to 4 weeks' net pay. | Upheld | — | £1,821 |
| Unlawful deduction from wages | Unauthorised deduction from pension contributions for the period 1 to 28 March 2023; the award is stated as a gross sum. | Upheld | — | £300 |
| Breach of contract | Breach of contract in respect of expenses, described as fuel allowance, was well-founded. | Upheld | — | £350 |
Remedy
Monetary award- Total award
- £9,396
- across all upheld claims
Legal tests applied
2 references- s188 TULR(C)A
- s188(1B) TULR(C)A
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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