Case 3306059/2024 · Employment Tribunal
Mr Przemyslaw Kozlowski v First Respondent: Patrick James Long, William Stephen Long & the personal — 2025
- Case reference
- 3306059/2024
- Decision date
- 17 June 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Skehan Appearances
Parties
2 namedClaimant
Mr Przemyslaw Kozlowski
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 representative at the establishment. Mr Kozlowski was dismissed as redundant on 3 May 2024, and the First to Fifth Respondents failed to comply with section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992. His individual claim under section 189 therefore succeeded.
The Tribunal made a protective award for a 90-day protected period beginning on 11 April 2024, with the Recoupment Regulations applying. It found no reason to depart from the principle that protective awards are punitive and should be made for the maximum period unless circumstances make it just to award less. The judgment did not quantify the monetary value of the protective award.
Mr Kozlowski was entitled to a statutory redundancy payment of £5,089.68, calculated using gross weekly pay of £636.21, eight years of continuous service and an age at dismissal of 39. The Tribunal also upheld his claims for unpaid wages and holiday pay, awarding £2,877.56 in arrears of pay and £1,397.54 for accrued but untaken holiday. The First to Fifth Respondents were ordered to pay those specified sums jointly and severally. The Tribunal recorded that Mr Kozlowski successfully mitigated his post-dismissal loss and made no claim for notice pay. The claim against the Sixth Respondent was not determined and was to be listed for a case management hearing.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Protective award under sections 188 and 189 TULRCA 1992 against the First to Fifth Respondents, covering a 90-day protected period beginning on 11 April 2024. The monetary value was not quantified. | Upheld | — | — |
| Redundancy | Statutory redundancy payment, payable by the First to Fifth Respondents jointly and severally. | Upheld | — | £5,090 |
| Unlawful deduction from wages | Arrears of pay for unpaid wages from 8 April 2024, payable by the First to Fifth Respondents jointly and severally. | Upheld | — | £2,878 |
| Holiday pay | Unpaid accrued but untaken holiday pay, payable by the First to Fifth Respondents jointly and severally. | Upheld | — | £1,398 |
Legal tests applied
3 references- s.188 Trade Union and Labour Relations (Consolidation) Act 1992
- s.189 Trade Union and Labour Relations (Consolidation) Act 1992
- s.189(5)(b) Trade Union and Labour Relations (Consolidation) Act 1992
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
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