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 by not consulting with employee representatives before making 20 or more employees redundant. There was no recognised trade union or elected employee representatives at the establishment, and employees were dismissed during the relevant period contrary to statutory requirements.
The claimant was dismissed by reason of redundancy and was entitled to a statutory redundancy payment based on 2 years' continuous service, gross weekly pay of £466.71, and age 43 at dismissal.
The claimant was not paid their wages from 8 April 2024 to dismissal on 3 May 2024, constituting unauthorised deduction from wages totalling £2,022.02 in arrears.
The claimant was entitled to payment for accrued but untaken holiday pay at the time of dismissal, calculated at £681.13.
Facts
The claimant was employed at Lutton Farm and was made redundant on 3 May 2024. The employer placed 20 or more employees at risk of redundancy on or within 90 days of 11 April 2024 without consulting with employee representatives as required by statute. There was no recognised trade union or elected employee representatives at the establishment. The claimant was not paid wages from 8 April 2024 and successfully mitigated their loss by finding new employment.
Decision
The tribunal found the respondents failed to comply with section 188 TULRCA consultation requirements and awarded a 90-day protective award. The claimant's claims for statutory redundancy pay (£1,400.13), arrears of pay (£2,022.02) and holiday pay (£681.13) all succeeded against the first five respondents on a joint and several basis.
Practical note
Employers conducting collective redundancies involving 20 or more employees must comply with TULRCA consultation requirements or face maximum protective awards, and failure to pay final wages and redundancy payments will result in additional liability.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3306045/2024
- 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
- lay rep