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. 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, and the claimants were dismissed during this period without proper consultation contrary to statutory requirements.
The claimant was dismissed by reason of redundancy and entitled to a statutory redundancy payment. The tribunal calculated this based on 4 years continuous service, age 55 at dismissal, and gross weekly pay of £538.68.
The claimant was not paid their wages from 8 April 2024 to the date of dismissal on 3 May 2024, representing an unauthorised deduction from wages totalling £2,377.58 in arrears of pay.
The claimant was entitled to unpaid accrued but untaken holiday pay of £694.96 and unpaid holiday pay of £90.69 which the respondents failed to pay.
Facts
The claimant was one of 20 or more employees at Lutton Farm who were placed at risk of redundancy on or within 90 days of 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 1992 as there was no recognised trade union or elected employee representatives. The claimant was not paid wages from 8 April 2024 onwards and did not receive their statutory redundancy payment or accrued holiday pay.
Decision
The tribunal found all claims succeeded. The respondents breached section 188 TULRCA by failing to properly inform and consult over collective redundancies. A protective award of the maximum 90 days was made commencing 11 April 2024. The claimant was awarded statutory redundancy pay of £3,232.08, arrears of pay of £2,377.58, and holiday pay totalling £785.65, all on a joint and several basis against respondents 1-5.
Practical note
Employers conducting collective redundancies of 20 or more employees must comply with section 188 TULRCA consultation requirements or face maximum 90-day protective awards, and this obligation applies to partnerships and related entities on a joint and several liability basis.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3306036/2024
- Decision date
- 17 June 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- agriculture
- Represented
- No
Employment details
- Service
- 4 years
Claimant representation
- Represented
- Yes
- Rep type
- lay rep