Miss M A Long v P J Long, W S Long and the personal representations of P W Long (deceased) T/a Lutton Farm Partnership and Others: 3306042/2024
JUDGMENT
Employment Tribunals Rules of Procedure 2024 – Rule 22[1]The respondents have failed to comply with a requirement of section 188 of the Trade Union & Labour Relations (Consolidation) Act 1992 (TULRCA). The claim for a protective award made by the claimant as an individual against the First to Fifth respondents under S189 TULRCA succeeds.[2]The Tribunal makes a protective award in respect of the claimant who worked at the First to Fifth respondents’ establishment at the Lutton Farm location and was dismissed as redundant on or before 3 May 2024 that the respondents pay remuneration for the protected period which begins on 11 April 2024 and is for a period of 90 days. The Recoupment Regulations apply.[3]The remainder of the claimant’s claims are dismissed.REASONS
[1]The claimant did not attend the hearing and was not represented. The claimant’s claim is part of a multiple claim where the remainder of the claimants represented by NSL Legal.[2]All claimants in claim numbers 3306035/2024 - 3306065/2024 were employed at Lutton Farm (the establishment). The claimant was made redundant on or before 3 May 2024. There was no recognised trade union or elected employee representatives at the establishment. 20 or more employees at the establishment were placed at risk of redundancy, on or within 90 days of 11 April 2024. The claimants were dismissed during this period contrary to the statutory requirements.[3]The last of the dismissals occurred on 3 May 2024, so all the claims are likely to have been presented within the time limit contained in section 189(5)(b) of the Trade Union & Labour Relations (Consolidation) Act 1992.[4]No reason has been shown to depart from the principle that protective awards are punitive and should be for the maximum period unless there are circumstances making it just not to do so. It was submitted on behalf of the remainder of the claimants that the protective award should run from 11 April 2024 and it is appropriate to adopt this date.[5]The claimant did not comply with the employment tribunal directions sent to the parties on 13 March 2025 requiring further information from the parties. The tribunal was unable to calculate any unauthorised deduction from wages claim or statutory redundancy pay claim and that claim is dismissed in accordance with Rule 47 of the Employment Tribunal Rules.[6]This Judgment is made under Rule 22. The Fifth Respondent, Lutton Farms Limited (in voluntary liquidation), has been added as a respondent to this litigation. The Secretary of State has no objection to Lutton Farms Limited (in voluntary liquidation) being added as a respondent to this litigation. Lutton Farms Limited (in voluntary liquidation) has had full visibility this litigation and it is appropriate to add this entity to the litigation in accordance with the Employment Tribunal Rules.[7]The Tribunal acknowledges the response submitted by the Sixth Respondent, The Secretary of State on 16 September 2024 and further submission of 28 May 2025. The claim against the Sixth Respondent will be listed for a case management hearing. Approved by: