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 of TULRCA 1992 which requires consultation with employee representatives when 20 or more employees are placed at risk of redundancy. There was no recognised trade union or elected employee representatives at the establishment, and the claimant was dismissed as redundant during the protected period without proper consultation.
The claimant was dismissed by reason of redundancy on 3 May 2024 with 2 years continuous service and was entitled to a statutory redundancy payment which was not paid by the respondents.
The claimant was not paid their wages from 8 April 2024 to the date of dismissal on 3 May 2024, constituting an unauthorised deduction from wages contrary to the Employment Rights Act 1996.
The claimant had accrued but untaken holiday pay at the date of termination which the respondents failed to pay, amounting to an unauthorised deduction from wages.
Facts
The claimant was one of approximately 31 employees employed at Lutton Farm who were made redundant between April and May 2024. The claimant had 2 years continuous service and was dismissed on 3 May 2024. The respondents failed to consult with employee representatives as required when 20 or more employees are at risk of redundancy. There was no recognised trade union or elected employee representatives at the establishment. The claimant was not paid wages from 8 April 2024 onwards or their statutory redundancy entitlement.
Decision
The tribunal found the respondents breached their duty to consult under TULRCA 1992 and awarded the maximum 90-day protective award beginning 11 April 2024. The tribunal also awarded statutory redundancy pay of £1415.49, arrears of wages of £2046.90, and holiday pay of £684.10, all on a joint and several basis against the first five respondents. The claimant had successfully mitigated loss following dismissal.
Practical note
Employers who fail to conduct collective consultation when making 20 or more redundancies face maximum 90-day protective awards which are punitive in nature, in addition to liability for statutory redundancy payments and wage arrears.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3306046/2024
- Decision date
- 17 June 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- agriculture
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- Yes
- Rep type
- barrister