Mrs K Davis v Testerworld Limited — 2023

The Tribunal gave a Rule 21 judgment because the respondent had not presented a response and the judge considered that the collective consultation complaint could 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 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 the Hainge Park, Tividale, Oldbury depot. The claimant was an affected employee and was dismissed as redundant on 22 July 2022. There was no recognised independent trade union for the relevant employees, no existing authorised employee representatives, and no election of representatives for section 188 purposes because the respondent did not invite affected employees to elect them.

The Tribunal found that the respondent failed to comply with section 188 and had not shown special circumstances making compliance not reasonably practicable. Having regard to the seriousness of the default and the guidance in GMB v Susie Radin Ltd, the Tribunal found that there had been no consultation at all and no mitigating circumstances, and made the maximum protective award of 90 days' remuneration beginning on 22 July 2022. The unfair dismissal claim was dismissed after being withdrawn by the claimant.