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 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 no proper consultation took place before dismissals contrary to statutory requirements.
The claimant was not paid wages from 8 April 2024 to 3 May 2024. The tribunal found this to be an unauthorised deduction from wages and awarded arrears of pay in the sum of £2425.13.
The claimant was entitled to payment for accrued but untaken holiday pay. The tribunal found the respondents had failed to pay this and awarded £252.80 for unpaid holiday pay.
Facts
The claimant was one of 20 or more employees at Lutton Farm who were placed at risk of redundancy on or around 11 April 2024 and dismissed as redundant on 3 May 2024. The respondents failed to inform or consult with employees as required under TULRCA s.188, as there was no recognised trade union or elected employee representatives. The claimant was also not paid wages from 8 April 2024 and was owed accrued holiday pay. The claimant had less than two years' service and found new employment following dismissal.
Decision
The tribunal found the respondents had breached their duty to inform and consult under TULRCA s.188 and awarded a protective award for the maximum 90-day period beginning 11 April 2024. The tribunal also upheld claims for unauthorised deduction from wages (£2425.13) and holiday pay (£252.80), with joint and several liability imposed on the First to Fifth Respondents.
Practical note
Employers must comply with collective consultation requirements under TULRCA s.188 when making 20 or more redundancies, and failure to do so will result in a protective award of up to 90 days' pay on a punitive basis.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3306039/2024
- 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