Mr L Marsh-O’Connor v Testerworld Limited — 2023

The tribunal determined the claim under Rule 21 because the respondent had not presented a response and the available material was sufficient. The respondent's administrators had consented to the claim continuing.

The tribunal 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 among the affected employees. It found there was no recognised independent trade union for the claimant's employee description, no existing representatives with authority to consult, and no representatives elected for section 188 purposes because the respondent did not invite elections.

The tribunal held that the respondent failed to comply with section 188 consultation requirements and had not shown special circumstances making compliance not reasonably practicable. Having found no consultation at all and no mitigating circumstances, it made the maximum protective award of 90 days' remuneration beginning on 9 May 2022. The unfair dismissal claim was dismissed following withdrawal by the claimant.