Case 3306041/2024 · Employment Tribunal
Mrs Ileana Violeta Giurgea v First Respondent: Patrick James Long, William Stephen Long & the personal — 2025
- Case reference
- 3306041/2024
- Decision date
- 8 July 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Skehan Appearances
Parties
2 namedClaimant
Mrs Ileana Violeta Giurgea
Key findings
Tribunal's reasoningThe Tribunal found that the respondents failed to comply with s.188 of the Trade Union and Labour Relations (Consolidation) Act 1992. It found that the claimant was employed at the Lutton Farm establishment, was dismissed as redundant on 3 May 2024, and that 20 or more employees 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 dismissals occurred contrary to the statutory consultation requirements, so a protective award was made under s.189 TULRCA 1992 for a protected period starting on 11 April 2024 and lasting 90 days.
The Tribunal also found the claimant entitled to a statutory redundancy payment and to recover unpaid sums. It recorded gross weekly pay of £474.17, three years' continuous service, and age 38 at dismissal, and awarded £1,422.51 by way of redundancy payment. It further found arrears of pay from 8 April 2024 to 3 May 2024 of £1,817.80.
In addition, the Tribunal awarded holiday pay of £1,021.56, made up of £724.86 for unpaid accrued but untaken holiday and £296.70 for taken but unpaid holiday. It noted that the claimant had successfully mitigated loss after dismissal, so there was no claim for notice pay.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Trade union | The Tribunal found the respondents failed to comply with s.188 TULRCA 1992 and made a protective award under s.189 TULRCA 1992. The protected period was stated to begin on 11 April 2024 and run for 90 days; the Recoupment Regulations apply. No monetary figure for the protective award was stated in the extracted text. | Upheld | — | — |
| Redundancy | Statutory redundancy payment awarded on the basis of gross weekly pay of £474.17, 3 years' continuous service, and age 38 at dismissal. | Upheld | — | £1,423 |
| Unlawful deduction from wages | Award for arrears of pay from 8 April 2024 to 3 May 2024. | Upheld | — | £1,818 |
| Holiday pay | Award comprised unpaid accrued but untaken holiday pay of £724.86 and taken but not paid holiday pay of £296.70. | Upheld | — | £1,022 |
Remedy
Monetary award- Total award
- £4,262
- across all upheld claims
Legal tests applied
4 references- s.188 TULRCA 1992
- s.189 TULRCA 1992
- s.189(5)(b) TULRCA 1992
- protective awards are punitive and should be for the maximum period unless there are circumstances making it just not to do so
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.
Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.