Mr K Stevens v Testerworld Limited — 2023

The tribunal gave judgment under Rule 21 because the respondent had not presented a response and the judge decided the protective award complaint could 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 assigned to its Hainge Park, Tividale, Oldbury depot within 90 days or less. The claimant was one of the affected employees and was dismissed as redundant on 30 June 2022. There was no recognised independent trade union for the claimant's employee description, no existing employee representatives with authority to be consulted, and no representatives elected for section 188 purposes; the respondent did not invite 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. The protective award complaint was well founded, and the tribunal ordered a protective award equivalent to remuneration for the maximum protected period of 90 days beginning on 30 June 2022. The unfair dismissal claim was dismissed following withdrawal by the claimant.