Case 3304199/2023 · Employment Tribunal
Miss L Foley v Qube Qualifications and Development Limited (in Creditors Voluntary Liquidation) and 1 other — 2025
- Case reference
- 3304199/2023
- Decision date
- 7 March 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Shastri-Hurst Date
Parties
3 namedClaimant
Miss L Foley
Key findings
Tribunal's reasoningThe Tribunal upheld the claimant's complaint that the first respondent failed to comply with the consultation requirements of s188 of the Trade Union and Labour Relations (Consolidation) Act 1992. The premises at Bee House, Milton Park, Abingdon constituted an establishment for that purpose and there was no recognised trade union or elected employee representatives. The Tribunal made a protective award for the protected period of 90 days (12.86 weeks) beginning 28 March 2023, ordering payment of £8,655.81.
The breach of contract complaint relating to notice pay was found well-founded, with the respondent ordered to pay £2,059.08 as damages, calculated on net pay. Under s163 of the Employment Rights Act 1996 the claimant was determined to be entitled to a redundancy payment of £1,346.16. Credit is to be given for sums paid by the Redundancy Payments Service in respect of notice pay and redundancy pay.
The complaints of unauthorised deductions from wages and of holiday pay were each dismissed upon withdrawal.
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 consult; 90 days (12.86 weeks) from 28 March 2023 totalling £8,655.81. | Upheld | — | £8,656 |
| Breach of contract | Notice pay complaint well-founded; £2,059.08 awarded as damages, calculated on net pay. Credit to be given for sums paid by the Redundancy Payments Service. | Upheld | — | £2,059 |
| Unlawful deduction from wages | Dismissed upon withdrawal. | Withdrawn | — | — |
| Holiday pay | Dismissed upon withdrawal. | Withdrawn | — | — |
| Redundancy | Entitlement to redundancy payment of £1,346.16 determined under s163 Employment Rights Act 1996. Credit to be given for sums paid by the Redundancy Payments Service. | Upheld | — | £1,346 |
Remedy
Monetary award- Total award
- £12,061
- across all upheld claims
- Basic award
- £1,346
- statutory, unfair dismissal
Legal tests applied
3 references- s188 Trade Union and Labour Relations (Consolidation) Act 1992
- s188(1B) Trade Union and Labour Relations (Consolidation) Act 1992
- 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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