Mr Ciprian Radu v First Respondent: Patrick James Long, William Stephen Long & the personal — 2024

At the hearing by CVP on 6 June 2025 before Employment Judge Skehan, the tribunal found that the respondents had failed to comply with the collective consultation requirements in section 188 TULRCA at the Lutton Farm establishment. It found 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, and the dismissals occurred contrary to the statutory requirements. The claimant's individual claim for a protective award against the first to fifth respondents therefore succeeded, and the tribunal made a protective award for a protected period beginning on 11 April 2024 and lasting 90 days, with the Recoupment Regulations applying.

The tribunal also found that the claimant had not been paid wages from 8 April 2024 and was owed unpaid accrued but untaken holiday pay. It ordered the first to fifth respondents, jointly and severally, to pay £1,381.38 for arrears of pay and £614.30 for holiday pay within 14 days of the judgment.

On redundancy, the reasons state that the claimant was constructively dismissed by reason of redundancy but did not have two years' service and was not entitled to a statutory redundancy payment. The dispositive paragraph nevertheless refers to the redundancy claim as well founded, but no redundancy sum is set out in the award section. The extracted text is therefore internally inconsistent on that point, and the redundancy payment claim is recorded here as unresolved rather than as a concluded monetary award. The tribunal also recorded that the claimant had mitigated his loss following dismissal and that there was no claim for notice pay.