Case 1802363/2023 · Employment Tribunal
Mrs Hayley Whipp & Others (see schedule) v Farmison Limited (in administration) — 2023
- Case reference
- 1802363/2023
- Decision date
- 7 November 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Lancaster Representation
- Venue
- Leeds
Parties
2 namedClaimant
Mrs Hayley Whipp & Others (see schedule)
Respondent
Key findings
Tribunal's reasoningThe respondent, Farmison Limited (in administration), did not appear. The administrators had given permission for the protective award claims only to proceed. The Secretary of State was notified under the Employment Tribunals rules, but did not enter a response. Having obtained further information under rule 21, the Employment Judge confirmed that all claimants were employed at the same establishment at Bondgate Green, Ripon, that all were dismissed on 6 April 2023, that there was no recognised trade union, and that there had been no election of employee representatives.
On that basis, the tribunal found that the respondent had failed to comply with section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 by not electing or consulting appropriate employee representatives. The tribunal held that each claimant was entitled to a protective award for a period of 90 days beginning on 6 April 2023. The extracted judgment does not quantify the monetary amount of the award in pounds, but it does record the length of the award period.
The tribunal also struck out claim 1802630/2023 in the name of Louise Davies as a duplicate of claim 1802620/2023, so that she could not recover twice. It further directed that the respondent was under a duty to provide the required information to the Secretary of State under regulation 5(2) and (6) of the Employment Protection (Recoupment of Benefits) Regulations 1996, and that payment in respect of any remuneration due under the protective award was stayed under regulations 7 and 8.
Claims and outcomes
2 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Trade union | Protective award claim under section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992. The tribunal found the respondent failed to elect or consult appropriate employee representatives and awarded each claimant a 90-day protective award beginning on 6 April 2023. | Upheld | — | — |
| Trade union | Claim 1802630/2023 in the name of Louise Davies was struck out as a duplicate of claim 1802620/2023, so that she could not recover twice. | Struck out | — | — |
Legal tests applied
2 references- section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992
- rule 21 Employment Tribunals Rules of Procedure 2013
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
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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