Case 3305327/2023 · Employment Tribunal
Mr Mark Smith v Qube Qualifications and Development Limited (in Creditors Voluntary Liquidation) and 1 other — 2025
- Case reference
- 3305327/2023
- Decision date
- 20 February 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Shastri-Hurst Date
Parties
3 namedClaimant
Mr Mark Smith
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. It also found that there was no recognised trade union or appointed or elected employee representatives for the purposes of s188(1B). The complaint that the respondent failed to comply with a requirement of s188 was upheld, and a protective award was made for a protected period of 90 days beginning on 28 March 2023.
The Tribunal found the breach of contract complaint in relation to notice pay to be well-founded and awarded £427.69 as damages, calculated using net pay. It also found that the respondent made an unauthorised deduction from wages for the period 1 to 28 March 2023 and awarded £2,000 as the gross sum deducted.
The judgment states that credit is to be given for sums paid by the Redundancy Payments Service in relation to notice pay, holiday pay and unpaid wages.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Protective award: the Tribunal upheld the complaint that the respondent failed to comply with a requirement of s188 TULR(C)A and awarded remuneration for a protected period of 90 days. | Upheld | — | £6,430 |
| Breach of contract | Breach of contract in relation to notice pay was found well-founded; the award was damages equivalent to one week's net pay. | Upheld | — | £428 |
| Unlawful deduction from wages | Unauthorised deduction from wages was found well-founded for the period 1 to 28 March 2023; the sum awarded was gross and the claimant is responsible for tax or National Insurance. | Upheld | — | £2,000 |
Remedy
Monetary award- Total award
- £8,858
- across all upheld claims
Legal tests applied
2 references- s188 TULR(C)A
- s188(1B) TULR(C)A
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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