Case 3306045/2024 · Employment Tribunal
Mr Vasile Rochian v First Respondent: Patrick James Long, William Stephen Long & the personal — 2025
- Case reference
- 3306045/2024
- Decision date
- 8 July 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Skehan Appearances
Parties
2 namedClaimant
Mr Vasile Rochian
Key findings
Tribunal's reasoningThe tribunal found that the respondents failed to comply with section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 in relation to redundancies at the Lutton Farm establishment. At least 20 employees were placed at risk of redundancy within 90 days from 11 April 2024, there was no recognised trade union or elected employee representatives, and the claimant was dismissed as redundant on 3 May 2024. A protective award under section 189 TULRCA therefore succeeded against the First to Fifth Respondents, with the protected period beginning on 11 April 2024 and lasting 90 days; the Recoupment Regulations were said to apply.
The tribunal also found the claimant was entitled to a statutory redundancy payment and to sums due for unpaid wages and holiday pay. It recorded that the claimant was dismissed by reason of redundancy, had not been paid wages from 8 April 2024, and had successfully mitigated loss after dismissal, so there was no claim for notice pay. The judgment awarded a statutory redundancy payment of £1,400.13, calculated by reference to gross weekly pay of £466.71, 2 years' continuous service and age 43 at dismissal.
The tribunal further held that the claim for unauthorised deduction from wages was well founded in respect of arrears of pay of £2,022.02 and unpaid accrued but untaken holiday pay of £681.13. The First to Fifth Respondents were ordered, jointly and severally, to pay the quantified sums within 14 days. The extracted text does not state any monetary figure for the protective award itself, only the protected period and that the award succeeded.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Trade union | Protective award under s.189 TULRCA for failure to comply with s.188. The protected period begins on 11 April 2024 and lasts 90 days; the extracted text does not state a monetary figure for the award. | Upheld | — | — |
| Redundancy | Statutory redundancy payment calculated on gross weekly pay of £466.71, 2 years' continuous service and age 43 at dismissal. | Upheld | — | £1,400 |
| Unlawful deduction from wages | Arrears of pay for the period 8 April 2024 to 3 May 2024. | Upheld | — | £2,022 |
| Holiday pay | Unpaid accrued but untaken holiday pay. | Upheld | — | £681 |
Legal tests applied
4 references- s.188 TULRCA
- s.189 TULRCA
- s.189(5)(b) TULRCA
- Rule 22
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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