Case 3306038/2024 · Employment Tribunal
Mr Daniel Teporu v First Respondent: Patrick James Long, William Stephen Long & the personal — 2025
- Case reference
- 3306038/2024
- Decision date
- 8 July 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Skehan Appearances
Parties
2 namedClaimant
Mr Daniel Teporu
Key findings
Tribunal's reasoningThe tribunal found that 20 or more employees at the Lutton Farm establishment 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 the claimant was dismissed as redundant on 3 May 2024. It held that the respondents failed to comply with section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 and that the claimant's individual protective award claim under section 189 succeeded.
A protective award was made for the maximum protected period of 90 days beginning on 11 April 2024. The tribunal said no reason had been shown to depart from the usual approach that protective awards are punitive and should be for the maximum period unless there are circumstances making it just not to do so. The Recoupment Regulations apply.
The tribunal also found the claims for unauthorised deduction from wages and holiday pay well founded. It ordered the first to fifth respondents, jointly and severally, to pay arrears of pay of £2,645.63 for 8 April 2024 to 3 May 2024 and unpaid accrued but untaken holiday pay of £438.96. The claimant did not have two years' service and was not entitled to a statutory redundancy payment, had successfully mitigated loss after dismissal, and there was no claim for notice pay. The claim against the Sixth Respondent was listed for a case management hearing.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Protective award under sections 188 and 189 TULRCA 1992. The tribunal ordered a 90-day protected period beginning on 11 April 2024. No monetary figure for the protective award is stated in the judgment text provided; recoupment regulations apply. | Upheld | — | — |
| Unlawful deduction from wages | Unpaid wages for the period 8 April 2024 to 3 May 2024. The tribunal found the claim well founded and ordered payment on a joint and several basis against the first to fifth respondents. | Upheld | — | £2,646 |
| Holiday pay | Unpaid accrued but untaken holiday pay. The tribunal found the claim well founded and ordered payment on a joint and several basis against the first to fifth respondents. | Upheld | — | £439 |
Legal tests applied
7 references- s.188 TULRCA 1992
- s.189 TULRCA 1992
- s.195 TULRCA 1992
- s.189(5)(b) TULRCA 1992
- Susie Radin Limited v GMB [2004] IRLR 400
- The Bakers' Union v Clarks of Hove Ltd [1978] IRLR 366
- In re Hartlebury Printers Ltd and others (in liquidation) [1992] ICR 559
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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