Mr Yusein Ibryamov Chaushev v First Respondent: Patrick James Long, William Stephen Long & the personal — 2025

Under Rule 22, the Tribunal held that the First to Fifth Respondents failed to comply with section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992. It 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, that there was no recognised trade union or elected employee representatives, and that dismissals occurred during that period contrary to the statutory requirements. Finding no reason to depart from the stated principle that protective awards should be for the maximum period unless circumstances make it just not to do so, the Tribunal made a 90-day protective award beginning on 11 April 2024.

The statutory redundancy payment, arrears of wages and holiday-pay claims were also found well founded. The operative judgment records that Mr Chaushev was dismissed as redundant on 19 April 2024, while the reasons state that he was constructively dismissed by reason of redundancy on 3 May 2024 in circumstances where his wages were not paid. The Tribunal found that wages had been unpaid from 8 April 2024 and that he was entitled to a statutory redundancy payment.

The First to Fifth Respondents were ordered, jointly and severally, to pay £5,673.60 as the protective award, £1,083.94 in arrears of pay and £609.43 in unpaid accrued holiday pay. Those quantified awards total £7,366.97; the judgment did not separately quantify the statutory redundancy payment. The Recoupment Regulations apply to the protective award. The Tribunal recorded that Mr Chaushev successfully mitigated his 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.