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 requiring consultation where 20 or more employees at the establishment were placed at risk of redundancy. There was no recognised trade union or elected employee representatives at the establishment and the required consultation did not take place before dismissals on or within 90 days of 11 April 2024.
The tribunal found that the claimant was not paid their wages from 8 April 2024 to 3 May 2024, constituting unlawful deduction from wages. The respondents were ordered to pay arrears of pay in the sum of £2022.02.
The tribunal found that the claimant was entitled to unpaid accrued but untaken holiday pay. The respondents were ordered to pay £323.38 for accrued holiday pay.
Facts
The claimant was one of 20 or more employees at Lutton Farm who were dismissed by reason of redundancy on 3 May 2024. The respondents failed to comply with statutory consultation requirements under TULRCA where there was no recognised trade union or elected employee representatives. The claimant was not paid wages from 8 April 2024 and did not receive accrued holiday pay. The claimant had less than 2 years' service and was not entitled to statutory redundancy pay. The fifth respondent company went into voluntary liquidation.
Decision
The tribunal found that the respondents failed to comply with section 188 TULRCA requiring collective consultation before redundancy dismissals. The tribunal awarded a protective award for the maximum 90-day period from 11 April 2024, along with arrears of pay of £2022.02 and holiday pay of £323.38. The first to fifth respondents were held jointly and severally liable.
Practical note
Employers dismissing 20 or more employees for redundancy must comply with collective consultation requirements under TULRCA even if there is no recognised union or elected representatives, or face maximum 90-day protective awards.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3306054/2024
- Decision date
- 9 June 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- agriculture
- Represented
- No
- Rep type
- self
Claimant representation
- Represented
- Yes
- Rep type
- lay rep