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

The Tribunal upheld Mr Serhii Chubaryk's individual claim for a protective award against the First to Fifth Respondents. 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, and that there was no recognised trade union or elected employee representatives. The claimant was dismissed as redundant on 3 May 2024 during that period, contrary to the statutory consultation requirements. Finding no reason to depart from the principle that protective awards should be for the maximum period unless it is just to reduce them, the Tribunal awarded 90 days' remuneration for a protected period beginning on 11 April 2024. The Recoupment Regulations apply.

The Tribunal also upheld the unauthorised deduction from wages claim. It found that the claimant had not been paid wages for 1 May to 3 May 2024 and ordered the First to Fifth Respondents, jointly and severally, to pay £271.70 in arrears within 14 days. No quantified monetary value was given for the protective award, so the judgment did not state a combined total award.

Although the claimant was dismissed by reason of redundancy, the Tribunal found that he had less than two years' service and was not entitled to a statutory redundancy payment. He had successfully mitigated his post-dismissal loss, and there was no claim for notice pay. The claim against the Sixth Respondent, the Secretary of State, was not determined and was to be listed for a case management hearing.