Case 3306064/2024 · Employment Tribunal
Mr Marian Giurgea v First Respondent: Patrick James Long, William Stephen Long & the personal — 2025
- Case reference
- 3306064/2024
- Decision date
- 17 June 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Skehan Appearances
Parties
2 namedClaimant
Mr Marian Giurgea
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. It held that the First to Fifth Respondents failed to comply with section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 and upheld Mr Giurgea's individual claim for a protective award under section 189. It awarded 90 days' remuneration for a protected period beginning on 11 April 2024, with the Recoupment Regulations applying.
Mr Giurgea was dismissed by reason of redundancy on 3 May 2024. The Tribunal upheld his statutory redundancy payment claim and awarded £4,171.35, calculated using gross weekly pay of £556.18, five years' continuous service and an age at dismissal of 46. It also found that his wages had not been paid from 8 April 2024 and awarded £2,444.17 in arrears of pay and £1,264.63 for accrued but untaken holiday. These quantified awards were payable jointly and severally by the First to Fifth Respondents.
The Tribunal recorded that Mr Giurgea successfully mitigated his loss after dismissal and that no claim for notice pay was made. The Fifth Respondent, Lutton Farms Limited (in voluntary liquidation), was added to the proceedings. The claim against the Sixth Respondent, the Secretary of State, was not determined in this judgment 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: 90 days' remuneration beginning on 11 April 2024. The amount was not quantified and the Recoupment Regulations apply. The claim against the Sixth Respondent was to be listed for a case management hearing. | Upheld | — | — |
| Redundancy | Statutory redundancy payment payable jointly and severally by the First to Fifth Respondents. | Upheld | — | £4,171 |
| Unlawful deduction from wages | Arrears of pay for unpaid wages from 8 April 2024, payable jointly and severally by the First to Fifth Respondents. | Upheld | — | £2,444 |
| Holiday pay | Unpaid accrued but untaken holiday pay, payable jointly and severally by the First to Fifth Respondents. | Upheld | — | £1,265 |
Legal tests applied
4 references- sections 188 and 189 of the Trade Union and Labour Relations (Consolidation) Act 1992
- section 189(5)(b) of the Trade Union and Labour Relations (Consolidation) Act 1992
- protective awards should be for the maximum period unless circumstances make it just not to do so
- Rule 22 of the Employment Tribunals Rules of Procedure 2024
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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