Case 3305241/2023 · Employment Tribunal
Miss H Ponting v Qube Qualifications and Development Limited (in Creditors Voluntary Liquidation) and 1 other — 2025
- Case reference
- 3305241/2023
- Decision date
- 7 March 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Shastri-Hurst Date
Parties
3 namedClaimant
Miss H Ponting
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 s188 TULR(C)A was upheld, and a protective award was made in favour of the claimant for the protected period of 90 days (12.86 weeks) beginning 28 March 2023, amounting to £12,860.
The Tribunal also found the complaint of breach of contract in relation to notice pay to be well-founded and ordered the respondent to pay £3,850.80, calculated using net pay as the equivalent of 5 weeks' pay. The complaint of unauthorised deductions from wages for the period 1 to 28 March 2023 was well-founded, and the respondent was ordered to pay £4,000 gross. Credit is to be given for sums paid by the Redundancy Payments Service in relation to notice pay and unpaid wages.
The claimant's remaining claims, including holiday pay and a redundancy payment, were dismissed upon withdrawal after the claimant clarified that she was only seeking notice pay, unpaid wages and a protective award.
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 comply with collective consultation requirements; 90 days (12.86 weeks) from 28 March 2023. | Upheld | — | £12,860 |
| Breach of contract | Notice pay claim well-founded; £3,850.80 awarded as damages (equivalent of 5 weeks' net pay). Credit to be given for sums paid by the Redundancy Payments Service. | Upheld | — | £3,851 |
| Unlawful deduction from wages | Unauthorised deduction from wages for the period 1-28 March 2023; £4,000 gross awarded. Credit to be given for sums paid by the Redundancy Payments Service. | Upheld | — | £4,000 |
| Redundancy | Dismissed upon withdrawal; claimant clarified she was only pursuing notice pay, unpaid wages and a protective award. | Withdrawn | — | — |
| Holiday pay | Dismissed upon withdrawal; claimant clarified she was only pursuing notice pay, unpaid wages and a protective award. | Withdrawn | — | — |
Remedy
Monetary award- Total award
- £20,711
- 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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