Case 3305240/2023 · Employment Tribunal
Ms M Copeland v Qube Qualifications and Development Limited (in Creditors Voluntary Liquidation) and 1 other — 2023
- Case reference
- 3305240/2023
- Decision date
- 28 March 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Shastri-Hurst Date
Parties
3 namedClaimant
Ms M Copeland
Key findings
Tribunal's reasoningThe Tribunal found that the respondent's premises at Bee House, Milton Park constituted an establishment for the purposes of s188 TULR(C)A. It found there was no recognised trade union or appointed or elected employee representatives for the purposes 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 protected period of 90 days beginning on 28 March 2023.
The Tribunal also found the claimant's notice pay claim to be well-founded as a breach of contract, the wages claim to be well-founded as an unauthorised deduction for 1 to 28 March 2023, and the holiday pay complaint to be well-founded under the Working Time Regulations 1998. It determined that the claimant was entitled to a redundancy payment under section 163 Employment Rights Act 1996.
The awards recorded were 38,283.51 for the protective award, £5,412.88 for notice pay, £2,576.52 for wages, £1,030.61 for holiday pay, and £7,085.43 for redundancy pay. The judgment states that credit is 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; judgment orders remuneration for a protected period of 90 days beginning 28 March 2023. The extracted text gives the figure as 38,283.51 without a currency symbol. | Upheld | — | £38,284 |
| Breach of contract | Breach of contract in relation to notice pay, equivalent to 11 weeks' net pay. | Upheld | — | £5,413 |
| Unlawful deduction from wages | Unauthorised deduction from wages for the period 1 to 28 March 2023; gross sum deducted. | Upheld | — | £2,577 |
| Holiday pay | Failure to pay holiday pay in accordance with regulation 14(2) and/or 16(1) of the Working Time Regulations 1998. | Upheld | — | £1,031 |
| Redundancy | Entitlement to a redundancy payment determined under section 163 Employment Rights Act 1996. | Upheld | — | £7,085 |
Remedy
Monetary award- Total award
- £54,389
- 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
- regulation 14(2) Working Time Regulations 1998
- regulation 16(1) Working Time Regulations 1998
- section 163 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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