Case 3305231/2023 · Employment Tribunal
Marion Coombes v Qube Qualifications and Development Limited (in Creditors Voluntary Liquidation) and 1 other — 2023
- Case reference
- 3305231/2023
- Decision date
- 28 March 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Shastri-Hurst Date
Parties
3 namedClaimant
Marion Coombes
Key findings
Tribunal's reasoningThe tribunal found that the respondent's premises at Bee House, Milton Park constituted an establishment for the purpose of s188 of TULR(C)A. It also found there was no recognised trade union or appointed or elected employee representatives for the purpose 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 90-day protected period beginning on 28 March 2023, with remuneration of £3,932.20.
The redundancy payment claim failed because the claimant did not have the requisite two years' service. The notice pay breach of contract complaint was dismissed upon withdrawal after the claimant accepted she had been paid notice pay.
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, and £81 was awarded subject to any tax or National Insurance. The unauthorised deductions from wages complaint failed, and credit was to be given for sums paid by the Redundancy Payments Service in relation to holiday 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; award was remuneration for a 90-day protected period. | Upheld | — | £3,932 |
| Redundancy | The claim failed because the claimant did not have the requisite two years' service. | Dismissed | — | — |
| Breach of contract | Notice pay complaint was dismissed upon withdrawal; the claimant accepted she had been paid notice pay. | Withdrawn | — | — |
| Holiday pay | The tribunal found the holiday pay complaint well-founded under regulation 14(2) and/or 16(1) of the Working Time Regulations 1998; credit is to be given for sums paid by the Redundancy Payments Service in relation to holiday pay. | Upheld | — | £81 |
| Unlawful deduction from wages | The complaint of unauthorised deductions from wages failed. | Dismissed | — | — |
Remedy
Monetary award- Total award
- £4,013
- across all upheld claims
Legal tests applied
4 references- s188 of the Trade Union and Labour Relations (Consolidation) Act 1992
- s188(1B) of the Trade Union and Labour Relations (Consolidation) Act 1992
- regulation 14(2) of the Working Time Regulations 1998
- regulation 16(1) of the 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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