Mr C Bishop v Testerworld Limited — 2023

The tribunal determined the claim under Rule 21 because the respondent had not presented a response and the administrators had consented to the claim continuing. On the available material, it found that as at 9 May 2022 the respondent proposed to dismiss as redundant 20 or more employees within 90 days or less at the Hainge Park, Tividale, Oldbury depot, and that the claimant was one of the affected employees and was dismissed as redundant on 9 May 2022.

The tribunal found that the respondent was required to consult appropriate representatives and provide the written information required by section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992. It found there was no recognised independent trade union for the claimant's category of employee, no existing employee representatives with authority to be consulted, and no election of representatives for section 188 purposes; the respondent had not invited affected employees to elect such representatives.

The tribunal found the section 189 complaint well founded. It found that the respondent had not shown special circumstances making compliance not reasonably practicable, that the complaint was in time, and that there had been no consultation at all with no mitigating circumstances. Having regard to the seriousness of the default and the guidance in GMB v Susie Radin Ltd, it made a protective award for the maximum protected period of 90 days beginning on 9 May 2022.