Mrs A Kaur v Testerworld Limited — 2023

The Tribunal gave a Rule 21 judgment because the respondent had not presented a response and the judge decided the complaint could properly be determined on the available material. The claimant complained under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 that the respondent had failed to comply with section 188 in respect of her dismissal.

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 its Hainge Park, Tividale, Oldbury depot, and that the claimant was an affected employee who was dismissed as redundant on that date. It found there was no recognised independent trade union for the relevant employees, no existing representatives with authority to be consulted, and no section 188 representatives elected because the respondent did not invite the affected employees to elect them.

The Tribunal found the section 189 complaint well founded. It was satisfied there had been no consultation at all, that no special circumstances had been shown, and that there were no mitigating circumstances. Having regard to the seriousness of the default and the guidance in GMB v Susie Radin Ltd, it made a protective award for the maximum protected period of 90 days beginning on 9 May 2022.