Claimant v Patrick James Long, William Stephen Long & the personal representations of Patrick William Long (deceased) t/a Lutton Farm Partnership
Outcome
Individual claims
The respondents failed to comply with section 188 TULRCA. There was no recognised trade union or elected employee representatives at the establishment. 20 or more employees were placed at risk of redundancy on or within 90 days of 11 April 2024 without proper consultation.
The claimant was dismissed by reason of redundancy and entitled to a statutory redundancy payment based on 2 years continuous service, age 29, and weekly pay of £400.25.
The claimant was not paid their wages from 8 April 2024 to 3 May 2024, constituting an unauthorised deduction from wages totalling £2022.02 in arrears.
The claimant was entitled to payment for accrued but untaken holiday pay which had not been paid, amounting to £268.12.
Facts
The claimant was one of 20 or more employees employed at Lutton Farm who were placed at risk of redundancy on or around 11 April 2024. The claimant was dismissed by reason of redundancy on 3 May 2024. The respondents failed to comply with statutory consultation requirements under TULRCA as there was no recognised trade union or elected employee representatives. The claimant was not paid wages from 8 April 2024 and was not paid redundancy pay or accrued holiday pay.
Decision
The Tribunal found the respondents failed to comply with section 188 TULRCA and awarded a protective award for the maximum 90-day period beginning 11 April 2024. The Tribunal also awarded statutory redundancy pay of £800.50, unpaid wages of £2022.02, and holiday pay of £268.12, with liability on a joint and several basis against the first five respondents.
Practical note
Employers conducting collective redundancies must comply with statutory consultation requirements under TULRCA or face maximum protective awards, even where the business is insolvent.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3306050/2024
- Decision date
- 17 June 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- agriculture
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- Yes
- Rep type
- lay rep