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 requirements of section 188 TULRCA by dismissing 20 or more employees for redundancy on or within 90 days of 11 April 2024 without consultation with a recognised trade union or elected employee representatives as required by statute.
The tribunal found that the claimant was not paid wages from 8 April 2024 to dismissal on 3 May 2024, constituting unauthorised deduction from wages. The respondents were ordered to pay arrears of £2,645.63.
The tribunal found that the claimant was entitled to payment for accrued but untaken holiday pay at the point of termination. The respondents were ordered to pay £438.96.
Facts
The claimant was employed at Lutton Farm and dismissed for redundancy on 3 May 2024. The respondents dismissed 20 or more employees within 90 days of 11 April 2024 without complying with statutory consultation requirements under TULRCA s.188. There was no recognised trade union or elected employee representatives. The claimant was not paid wages from 8 April 2024 onwards and had less than two years service. The Fifth Respondent, Lutton Farms Limited, was in voluntary liquidation.
Decision
The tribunal found that the respondents failed to comply with collective redundancy consultation requirements and awarded a protective award of 90 days beginning 11 April 2024. The tribunal also upheld claims for unauthorised deduction of wages (£2,645.63) and holiday pay (£438.96), ordering payment on a joint and several basis from the first five respondents.
Practical note
Employers dismissing 20 or more employees for redundancy must comply with TULRCA s.188 consultation requirements or face maximum protective awards of 90 days' pay per affected employee.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3306038/2024
- Decision date
- 17 June 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- agriculture
- Represented
- No
Claimant representation
- Represented
- Yes
- Rep type
- lay rep