Mr S Fowler v Testerworld Limited — 2023

The Tribunal gave judgment under Rule 21 because the respondent had not presented a response and the judge considered the complaint could properly be determined on the available material. The respondent company's administrators had consented to the claim 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 at or including the Hainge Park, Tividale, Oldbury depot. The claimant was an affected employee and was dismissed as redundant on 31 May 2022. The Tribunal found there were no recognised trade union representatives, no existing employee representatives with authority to be consulted, and no elected representatives for section 188 purposes; the respondent had not invited affected employees to elect such representatives.

The Tribunal held that the respondent failed to comply with the section 188 consultation requirements and had not shown special circumstances making compliance not reasonably practicable. Having regard to the seriousness of the default and GMB v Susie Radin Ltd, the Tribunal found there had been no consultation at all and no mitigating circumstances, and made a protective award for the maximum protected period of 90 days beginning on 31 May 2022. The unfair dismissal claim was dismissed because it had been withdrawn by the claimant.