Mr Whittaker and others (see schedule) v Testerworld Limited — 2023

The tribunal gave a Rule 21 judgment because the respondent had not presented a response and the judge decided the claims could be determined on the available material. The administrators had consented to the claims continuing.

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 Rokeby Court, Runcorn depot/site, and that the claimants were affected employees who were dismissed as redundant on that date. There was no recognised independent trade union for the relevant employees, no existing employee representatives with authority to consult, no section 188A election of representatives, and the respondent did not invite such an election or consult the claimants individually.

The tribunal held that the respondent failed to comply with section 188 in respect of each claimant's dismissal, had not shown special circumstances making compliance not reasonably practicable, and that the claims were presented in time. Having regard to the seriousness of the default and 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 for each claimant.