Andy Butler and others (see schedule) v Testerworld Limited — 2023

The Tribunal gave a Rule 21 judgment after the respondent did not present a response and the administrators consented to the claims continuing. It 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 or connected with its Hainge Park, Tividale, Oldbury depot, and that the claimants were dismissed as redundant on 9 May 2022.

The Tribunal found that the respondent was required under section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 to consult appropriate representatives and provide the required written information. It found that there was no recognised independent trade union, no existing employee representatives with authority to be consulted, no section 188 representatives elected, no invitation to elect such representatives, and no individual consultation with the claimants about the proposed redundancies.

The Tribunal found the section 189 complaints well founded. It also found that the respondent had not shown special circumstances making compliance with section 188 not reasonably practicable, and that the complaints were presented in time. Having regard to the seriousness of the default and guidance in GMB v Susie Radin Ltd, it awarded the maximum protected period of 90 days for each claimant, beginning on 9 May 2022.