Case 2600970/2023 · Employment Tribunal
Mrs N Hodgkinson v Qube Qualifications and Development Limited (in Creditors Voluntary Liquidation) — 2023
- Case reference
- 2600970/2023
- Decision date
- 28 March 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Shastri-Hurst Date
Parties
2 namedClaimant
Mrs N Hodgkinson
Key findings
Tribunal's reasoningThe Tribunal found that the respondent's premises at Bee House, Milton Park, 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 TULR(C)A was upheld, and the Tribunal made a protective award in favour of the claimant for the protected period of 90 days (12.86 weeks) beginning 28 March 2023, amounting to £8,655.81.
The Tribunal also found the claimant's complaint of breach of contract in relation to notice pay to be well-founded and ordered the respondent to pay £2,209.20 as damages, equivalent to 4 weeks' pay calculated using net pay. Credit is to be given for sums paid by the Redundancy Payments Service in relation to notice pay.
The judgment was approved by Employment Judge Shastri-Hurst and sent to the parties on 14 February 2025. The respondent is in Creditors Voluntary Liquidation.
Claims and outcomes
2 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) protected period beginning 28 March 2023. No specific claim_type enum value exists for protective awards under TULR(C)A; classified as 'other'. | Upheld | — | £8,656 |
| Breach of contract | Breach of contract complaint in relation to notice pay found well-founded; damages of £2,209.20 (4 weeks' net pay). Credit to be given for sums paid by the Redundancy Payments Service in relation to notice pay. | Upheld | — | £2,209 |
Remedy
Monetary award- Total award
- £10,865
- across all upheld claims
Legal tests applied
2 references- s188 Trade Union and Labour Relations (Consolidation) Act 1992
- s188(1B) TULR(C)A 1992
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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