Ms Stopina unregistered barrister acting as legal assistant. For the v Patrick James Long, William Stephen Long & the personal representations of Patrick William Long (deceased) t/a 'Lutton Farm Partnership' Second Respondent: the personal representations of Patrick William Long (deceased) Third Respondent: Patrick James Long Fourth Respondent: William Stephen Long Fifth Respondent: Lutton Farms Limited (In voluntary liquidation) Sixth Respondent: The Secretary of State - The Insolvency Service — 2025

The claimant was employed at Lutton Farm and was dismissed by reason of redundancy on 3 May 2024. There was no recognised trade union or elected employee representatives at the establishment, and 20 or more employees were placed at risk of redundancy on or within 90 days of 11 April 2024. The Tribunal found that the respondents had failed to comply with the collective consultation requirement in section 188 TULRCA 1992, and the claim for a protective award under section 189 succeeded.

The Tribunal made a protective award for the maximum protected period of 90 days commencing 11 April 2024, observing that no reason had been shown to depart from the principle that protective awards are punitive and should be for the maximum period unless circumstances make it just not to do so. The Recoupment Regulations apply.

The claimant's claims for a statutory redundancy payment, unauthorised deduction from wages (arrears from 8 April 2024 to 3 May 2024) and holiday pay were also well founded. The First to Fifth Respondents were ordered, on a joint and several basis, to pay a statutory redundancy payment based on gross weekly pay of £538.68, four years' continuous service and age 55 at dismissal, together with the arrears of pay and the unpaid holiday pay amounts. The claimant successfully mitigated their loss following dismissal and there was no claim for notice pay. The claim against the Sixth Respondent (the Secretary of State) will be listed for a separate case management hearing.