Mr Jack Bowker and others (see schedule) v Testerworld Limited — 2023

The Tribunal gave a Rule 21 judgment because the respondent had not presented a response and the judge decided the complaints could properly be determined on the available material. The respondent company's administrators had consented to the claims continuing.

The Tribunal found that, as at 9 May 2022, the respondent was proposing to dismiss as redundant 20 or more employees within 90 days or less at the Hainge Park, Tividale, Oldbury depot. The claimants were employees assigned to that depot and were dismissed as redundant on 9 May 2022. There was no recognised independent trade union for the affected employees, no existing employee representatives with authority to be consulted, and no election of representatives for section 188 purposes; the respondent did not invite the affected employees to elect such representatives.

The Tribunal found the respondent failed to comply with section 188 consultation requirements and had not shown special circumstances making compliance not reasonably practicable. Having regard to the seriousness of the default and the guidance in GMB v Susie Radin Ltd, the Tribunal found there had been no consultation at all and no mitigating circumstances, and made the maximum protective award of 90 days' remuneration for each claimant from 9 May 2022.