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 requirements to consult when 20 or more employees at the establishment were placed at risk of redundancy on or within 90 days of 11 April 2024. There was no recognised trade union or elected employee representatives. The claim was presented within the statutory time limit.
The claimant was constructively dismissed by reason of redundancy on 24 April 2024. The tribunal found the constructive dismissal claim succeeded, though the claimant did not have 2 years service for statutory redundancy payment entitlement.
Although the claim for statutory redundancy payment was brought and found well-founded in principle, the claimant did not have the required 2 years continuous service to be entitled to a statutory redundancy payment.
The claimant was not paid wages from 8 April 2024 onwards. The tribunal found this claim well-founded and awarded arrears of pay in the sum of £1381.38 for the period of unauthorised deduction.
The claimant had accrued but untaken holiday pay at the termination of employment. The tribunal found this claim well-founded and awarded unpaid accrued holiday pay in the sum of £614.30.
Facts
The claimant was employed at Lutton Farm and was constructively dismissed by reason of redundancy on 24 April 2024. The claimant was one of over 20 employees made redundant within a 90-day period beginning 11 April 2024. The respondents failed to comply with statutory collective 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 had accrued untaken holiday pay.
Decision
The tribunal found all claims succeeded except the statutory redundancy payment claim which failed due to insufficient service. A protective award of 90 days from 11 April 2024 was made for breach of collective consultation duties. The respondents were ordered to pay £1381.38 in arrears of wages and £614.30 in holiday pay on a joint and several basis.
Practical note
Employers conducting collective redundancies involving 20 or more employees must comply with TULRCA consultation requirements or face maximum protective awards of 90 days' pay per affected employee, regardless of individual service length.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3306052/2024
- Decision date
- 17 June 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- agriculture
- Represented
- No
Claimant representation
- Represented
- Yes
- Rep type
- lay rep