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 by not consulting with employee representatives when 20 or more employees at Lutton Farm 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 at the establishment, and the claimants were dismissed during this period contrary to statutory requirements.
The claimant was dismissed by reason of redundancy and entitled to a statutory redundancy payment. The tribunal awarded £4943.07 based on 6 years continuous service, age 52 at dismissal, and gross weekly pay of £549.23.
The claimant was not paid their wages from 8 April 2024 onwards. The tribunal found this to be an unauthorised deduction from wages and awarded arrears of pay in the sum of £2,468.55.
The claimant was entitled to payment for accrued but untaken holiday pay. The tribunal awarded £698.48 for unpaid accrued holiday pay.
Facts
The claimant was one of 20 or more employees at Lutton Farm placed at risk of redundancy on or within 90 days of 11 April 2024. There was no recognised trade union or elected employee representatives at the establishment. The claimant was dismissed by reason of redundancy on 3 May 2024. The claimant was not paid wages from 8 April 2024 onwards and was not paid accrued holiday pay. The respondents failed to comply with statutory consultation requirements under TULRCA.
Decision
The tribunal found that the respondents failed to comply with section 188 TULRCA and awarded the maximum protective award of 90 days. The tribunal also awarded statutory redundancy pay of £4,943.07, arrears of pay of £2,468.55, and unpaid holiday pay of £698.48. All awards were made jointly and severally against the first five respondents.
Practical note
Employers conducting collective redundancies involving 20 or more employees must comply with statutory consultation requirements under TULRCA, and failure to do so will result in a maximum protective award of 90 days unless there are exceptional circumstances.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3306037/2024
- Decision date
- 17 June 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- agriculture
- Represented
- No
Employment details
- Service
- 6 years
Claimant representation
- Represented
- Yes
- Rep type
- lay rep