L Pritchard v Testerworld Limited — 2023

The Tribunal gave a Rule 21 judgment because the respondent had not presented a response, and the administrators had consented to the claim continuing. On the available material, 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, and that the claimant was an affected employee dismissed as redundant on 31 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 employee description, no existing representatives with authority to be consulted, no elected representatives for section 188 purposes, and that the respondent did not invite affected employees to elect such representatives.

The complaint under section 189 was found well founded. The Tribunal found that the respondent had not shown special circumstances making compliance not reasonably practicable, that the complaint was presented in time, and that there had been no consultation at all with no mitigating circumstances. It made a protective award for the maximum protected period of 90 days beginning on 31 May 2022.