Claimant v Patrick James Long, William Stephen Long & the personal representations of Patrick William Long (deceased) t/a Lutton Farm Partnership
Outcome
Individual claims
The respondents failed to comply with section 188 of TULRCA by not consulting with employee representatives before making 20 or more employees redundant at the Lutton Farm establishment on or within 90 days of 11 April 2024. There was no recognised trade union or elected employee representatives at the establishment.
The claimant did not comply with employment tribunal directions requiring further information to calculate the claim. The claim was dismissed in accordance with Rule 47 of the Employment Tribunal Rules.
The claimant did not comply with employment tribunal directions requiring further information to calculate the claim. The claim was dismissed in accordance with Rule 47 of the Employment Tribunal Rules.
Facts
The claimant was one of over 20 employees at Lutton Farm who were made redundant on or before 3 May 2024. The respondents failed to consult with employee representatives before the redundancies as required by section 188 of TULRCA. There was no recognised trade union or elected employee representatives at the establishment. The claimant did not attend the hearing and failed to provide information required to pursue her claims for unauthorised deductions and redundancy pay.
Decision
The tribunal found the respondents breached section 188 TULRCA by failing to inform and consult, and made a protective award for the maximum 90-day period beginning 11 April 2024. The claimant's claims for unauthorised deductions and statutory redundancy pay were dismissed under Rule 47 for failure to comply with tribunal directions.
Practical note
Employers must comply with collective consultation requirements when making 20 or more employees redundant within 90 days, and failure to do so will typically result in a maximum 90-day protective award absent justifying circumstances.
Legal authorities cited
Statutes
Case details
- Case number
- 3306042/2024
- Decision date
- 17 June 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- agriculture
- Represented
- No
- Rep type
- self
Claimant representation
- Represented
- No