Case 3305224/2023 · Employment Tribunal
Mrs N Seal v Qube Qualifications and Development Limited (in Creditors Voluntary Liquidation) and 1 other — 2025
- Case reference
- 3305224/2023
- Decision date
- 7 March 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Shastri-Hurst Date
Parties
3 namedKey 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 purpose of section 188 TULR(C)A. It also found there was no recognised trade union or appointed or elected employee representatives for the purpose of section 188(1B), and upheld the complaint that the respondent failed to comply with a requirement of section 188. A protective award was made for a 90-day protected period beginning on 28 March 2023.
The Tribunal determined that the claimant was entitled to a redundancy payment. It also found the notice pay complaint well-founded as a breach of contract claim, awarding four weeks' net pay as damages.
The holiday pay complaint was found well-founded because the respondent failed to pay the claimant in accordance with regulation 14(2) and/or 16(1) of the Working Time Regulations 1998. The Tribunal also found an unauthorised deduction from wages for 1 to 28 March 2023. 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 for failure to comply with a requirement of s188 TULR(C)A; no dedicated protective award claim type is available in the taxonomy. | Upheld | — | £7,019 |
| Redundancy | Entitlement determined under section 163 Employment Rights Act 1996. | Upheld | — | £2,456 |
| Breach of contract | Notice pay claim; award stated as damages for breach of contract calculated using net pay. | Upheld | — | £1,834 |
| Holiday pay | Holiday pay complaint found well-founded under regulation 14(2) and/or 16(1) Working Time Regulations 1998. | Upheld | — | £928 |
| Unlawful deduction from wages | Unauthorised deduction from wages for the period 1 to 28 March 2023. | Upheld | — | £2,183 |
Remedy
Monetary award- Total award
- £14,421
- across all upheld claims
Legal tests applied
5 references- s188 Trade Union and Labour Relations (Consolidation) Act 1992
- s188(1B) Trade Union and Labour Relations (Consolidation) Act 1992
- section 163 Employment Rights Act 1996
- regulation 14(2) Working Time Regulations 1998
- regulation 16(1) Working Time Regulations 1998
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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