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 of TULRCA 1992 regarding collective redundancy consultation. There was no recognised trade union or elected employee representatives at the establishment, and 20 or more employees were placed at risk of redundancy within 90 days of 11 April 2024. The tribunal found this a clear breach of the statutory requirements for collective consultation.

The claimant was dismissed by reason of redundancy and was entitled to a statutory redundancy payment. The tribunal calculated this based on 3 years continuous service, gross weekly pay of £474.17, and age at dismissal of 38, awarding £1,422.51.

The claimant was not paid their wages from 8 April 2024 until their dismissal on 3 May 2024. The tribunal found this to be an unauthorised deduction from wages and awarded arrears of pay in the sum of £1,817.80.

The claimant was owed holiday pay for both unpaid accrued but untaken holiday (£724.86) and for holiday taken but not paid (£296.70). The tribunal found the respondents had failed to make these payments and awarded the full sums claimed.