Miss A Mills v Testerworld Limited — 2023

The Tribunal entered a Rule 21 judgment because the respondent had not presented a response and the respondent company's administrators had consented to the claims continuing. On the available material, the claimant's complaint that the respondent failed to comply with section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 in respect of their dismissal was found to be well founded.

The Tribunal found that, as at 9 May 2022, the respondent was proposing to dismiss as redundant 20 or more employees at the Bilton Road, Basingstoke depot or site within 90 days or less, and that the claimant was one of the affected employees and was dismissed as redundant on that date. It found that there were no recognised trade union representatives or other elected employee representatives for the affected employees, that the respondent did not invite affected employees to elect representatives, and that the respondent failed to comply with the section 188 requirements.

The respondent 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 that 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 9 May 2022.