Z Specyal v Testerworld Limited — 2023

The Tribunal entered a Rule 21 judgment because the respondent had not presented a response, and the administrators had consented to the claim 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 or less at the Rokeby Court, Runcorn depot, 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 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 relevant employees, no existing employee representatives with authority to be consulted, and no section 188 representatives elected after an invitation by the respondent.

The Tribunal found that the respondent failed to comply with section 188, had not shown special circumstances making compliance not reasonably practicable, and that the complaint was 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 at all and no mitigating circumstances, and made the maximum protective award of 90 days' remuneration beginning on 9 May 2022.