Case 3305376/2023 · Employment Tribunal
Mr M Gilroy v Qube Qualifications and Development Limited (in Creditors Voluntary Liquidation) — 2023
- Case reference
- 3305376/2023
- Decision date
- 28 March 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Shastri-Hurst Date
Parties
2 namedClaimant
Mr M Gilroy
Key findings
Tribunal's reasoningThe Tribunal found that the respondent's premises at Bee House, 140 Eastern Avenue, Milton Park, Abingdon constituted an establishment for the purposes of section 188 TULR(C)A. It also found that there was no recognised trade union or appointed or elected employee representatives for the purposes of section 188(1B), and upheld the complaint that the respondent failed to comply with a requirement of section 188. A protective award was made for a protected period of 90 days beginning on 28 March 2023.
The Tribunal found the complaints for notice pay and expenses to be well-founded as breach of contract claims. It awarded damages for notice pay equivalent to four weeks' net pay, and separately awarded mileage expenses.
The Tribunal also found the holiday pay complaint well-founded under regulation 14(2) and/or 16(1) of the Working Time Regulations 1998, and determined under section 163 Employment Rights Act 1996 that the claimant was entitled to a redundancy payment. The judgment states that credit is to be given for sums paid by the Redundancy Payments Service in relation to the figures awarded.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Protective award claim for failure to comply with requirements of s188 TULR(C)A; no specific enum exists for protective award/collective consultation, so classified as other. | Upheld | — | £7,368 |
| Breach of contract | Notice pay breach of contract claim, awarded as damages equivalent to 4 weeks' pay using net pay. | Upheld | — | £1,830 |
| Breach of contract | Expenses breach of contract claim for mileage expenses. | Upheld | — | £768 |
| Holiday pay | Holiday pay complaint upheld under regulation 14(2) and/or 16(1) of the Working Time Regulations 1998. | Upheld | — | £115 |
| Redundancy | The tribunal determined under section 163 Employment Rights Act 1996 that the claimant was entitled to a redundancy payment. | Upheld | — | £1,146 |
Remedy
Monetary award- Total award
- £11,226
- 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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