Case 3305302/2023 · Employment Tribunal
E Pinner v Qube Qualifications and Development Limited (in Creditors Voluntary Liquidation) and 1 other — 2025
- Case reference
- 3305302/2023
- Decision date
- 6 March 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Shastri-Hurst Date
Parties
3 namedKey findings
Tribunal's reasoningThe Tribunal found that the first respondent's premises at Bee House, Milton Park, Abingdon constituted an establishment for the purpose of section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992, and that there was no recognised trade union or appointed or elected employee representatives for the purpose of s188(1B). The complaint that the respondent failed to comply with the s188 requirement was upheld and a protective award was made in favour of the claimant.
The respondent was ordered to pay the claimant remuneration for a protected period of 90 days (12.86 weeks) beginning on 28 March 2023, amounting to £7,666.49. 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 £1,987.68 as damages, calculated using net pay and equivalent to 4 weeks' pay.
Credit is to be given for sums paid by the Redundancy Payments Service in relation to notice pay. The judgment was approved by Employment Judge Shastri-Hurst on 6 March 2025.
Claims and outcomes
2 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 totalling £7666.49. | Upheld | — | £7,666 |
| Breach of contract | Notice pay claim well-founded; £1987.68 awarded as damages (4 weeks' net pay). Credit to be given for sums paid by the Redundancy Payments Service in relation to notice pay. | Upheld | — | £1,988 |
Remedy
Monetary award- Total award
- £9,654
- 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
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