Mr D Rhoads v Testerworld Limited — 2023

The tribunal gave a Rule 21 judgment because the respondent had not presented a response, and the administrators had consented to the claims continuing. On the available material, 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 the Bilton Road, Basingstoke depot/site, and that the claimant was one of the affected employees and was dismissed as redundant on that date.

The tribunal found that the respondent was required under section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 to consult appropriate representatives and provide the statutory written information. It found that there was no recognised independent trade union for the claimant's description of employee, no existing authorised employee representatives, and no representatives elected for section 188 purposes because the respondent did not invite affected employees to elect them.

The tribunal held that the respondent failed to comply with section 188, that no special circumstances had been shown, and that the complaint was presented in time. It made a protective award under section 189 for the maximum protected period of 90 days beginning on 9 May 2022, having found no consultation at all and no mitigating circumstances. The unfair dismissal claim was dismissed following withdrawal by the claimant.