Mr Mykhailo Korneliuk v First Respondent: Patrick James Long, William Stephen Long & the personal — 2025

The judgment was made under Rule 22 after the respondents were not represented. The tribunal found that the First to Fifth respondents failed to comply with section 188 of the Trade Union & Labour Relations (Consolidation) Act 1992. The claimant's claim for a protective award under section 189 TULRCA succeeded in respect of his work at the Lutton Farm establishment, where 20 or more employees were placed at risk of redundancy on or within 90 days of 11 April 2024 and dismissals occurred contrary to the statutory requirements.

The tribunal made a protective award for the claimant, who was dismissed as redundant on 3 May 2024. The protected period begins on 11 April 2024 and lasts for 90 days, with the Recoupment Regulations applying. The tribunal stated 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 tribunal recorded that the claimant was dismissed by reason of redundancy but did not have two years' service and was not entitled to a statutory redundancy payment. It also recorded that the claimant successfully mitigated his loss following dismissal and that there was no claim for notice pay.

The claimant's claims for unauthorised deduction from wages for the period from 8 April 2024 to 3 May 2024 and for holiday pay were well founded. The First to Fifth respondents were ordered, on a joint and several basis, to pay arrears of pay of £2,022.02 and unpaid accrued but untaken holiday pay of £221.02 within 14 days of the judgment. The claim against the Sixth Respondent, the Secretary of State, was to be listed for a case management hearing.