Mr C Butler Mrs O Batista v Testerworld Limited — 2023

The Tribunal gave judgment under Rule 21 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 Tribunal found that the respondent was proposing, as at 9 May 2022, to dismiss as redundant 20 or more employees within 90 days or less at the Bilton Road, Basingstoke depot/site, and that both claimants were affected employees dismissed as redundant on 29 July 2022.

The Tribunal found that the respondent was required to consult appropriate representatives and disclose the information required by section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992. There was no recognised independent trade union for the affected employees, no other authorised employee representatives, and no section 188 representatives elected because the respondent did not invite affected employees to elect them.

The Tribunal concluded that the respondent failed to comply with section 188, had not shown special circumstances making compliance not reasonably practicable, and that the complaints were presented in time. Having regard to the seriousness of the default and the guidance in GMB v Susie Radin Ltd, the Tribunal found there had been no consultation and no mitigating circumstances, and made the maximum protective award of 90 days' remuneration for each claimant. Mr Butler's unfair dismissal claim was dismissed after withdrawal.