Claimant v Patrick James Long, William Stephen Long & the personal representations of Patrick William Long (deceased) t/a 'Lutton Farm Partnership'

The respondents failed to comply with section 188 TULRCA requirements to consult with employee representatives before making 20 or more employees redundant within 90 days of 11 April 2024. There was no recognised trade union or elected employee representatives at the establishment and the statutory consultation requirements were not met.

The claimant was dismissed by reason of redundancy on 3 May 2024 and was entitled to a statutory redundancy payment. The respondents failed to pay the statutory redundancy payment to which the claimant was entitled based on 9 years continuous service and gross weekly pay of £522.10.

The claimant was not paid their wages from 8 April 2024 until dismissal on 3 May 2024. This constituted an unauthorised deduction from wages in breach of the Employment Rights Act 1996.

The claimant had accrued but untaken holiday pay at the time of dismissal which remained unpaid. The tribunal found the claim for unpaid holiday pay was well founded and ordered payment of £325.89.