Case 2404535/2023 · Employment Tribunal
Mrs V Dunbar v Qube Qualifications and Development Limited (in Creditors Voluntary Liquidation) and 1 other — 2025
- Case reference
- 2404535/2023
- Decision date
- 11 March 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Shastri-Hurst Date
Parties
3 namedClaimant
Mrs V Dunbar
Key findings
Tribunal's reasoningThe Tribunal found that the first respondent's premises in Abingdon constituted an establishment for the purposes of s188 of the Trade Union and Labour Relations (Consolidation) Act 1992, and that there was no recognised trade union or appointed or elected employee representatives. The complaint that the respondent failed to comply with the requirements of s188 was upheld and a protective award was made in favour of the claimant for the protected period of 90 days (12.86 weeks) beginning on 28 March 2023, amounting to £6,810.91.
The Tribunal further found that the complaint of breach of contract in relation to notice pay was well-founded and ordered payment of £1,796.04 (4 weeks' net pay). The complaint of unauthorised deductions from wages for the period 1 to 28 March 2023 was well-founded, with £2,118.48 (gross) awarded. The holiday pay complaint under regulations 14(2) and/or 16(1) of the Working Time Regulations 1998 was well-founded, with £741.47 (1.4 weeks) awarded. Under s163 Employment Rights Act 1996, the claimant was determined to be entitled to a redundancy payment of £1,588.86.
The Tribunal directed that credit was to be given for sums paid by the Redundancy Payments Service in relation to notice pay, unpaid wages, holiday pay and redundancy pay.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Protective award under s188 TULR(C)A 1992 for failure to comply with collective consultation requirements; 90 days (12.86 weeks) from 28 March 2023. | Upheld | — | £6,811 |
| Breach of contract | Notice pay; 4 weeks calculated using net pay. | Upheld | — | £1,796 |
| Unlawful deduction from wages | Unauthorised deduction from wages for the period 1 to 28 March 2023; gross sum awarded. | Upheld | — | £2,118 |
| Holiday pay | Failure to pay holiday pay in accordance with regulation 14(2) and/or 16(1) of the Working Time Regulations 1998; 1.4 weeks. | Upheld | — | £741 |
| Redundancy | Entitlement to a redundancy payment determined under s163 Employment Rights Act 1996. | Upheld | — | £1,589 |
Remedy
Monetary award- Total award
- £13,056
- across all upheld claims
Legal tests applied
5 references- s188 Trade Union and Labour Relations (Consolidation) Act 1992
- s188(1B) TULR(C)A
- regulation 14(2) Working Time Regulations 1998
- regulation 16(1) Working Time Regulations 1998
- s163 Employment Rights Act 1996
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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