Mr C Kinsella v Testerworld Limited — 2023

The Tribunal gave judgment under Rule 21 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 at the Rokeby Court, Runcorn site within 90 days or less, and that the claimant was an affected employee who was dismissed as redundant on 30 June 2022.

The Tribunal found that the respondent was required to consult appropriate representatives and provide the written information required by section 188 TULRCA 1992. It found that no independent trade union was recognised for the claimant's employee description, there were no existing representatives with authority to be consulted, no representatives had been elected for section 188 purposes, the respondent did not invite the claimant to elect representatives, and it did not consult the claimant individually about the proposed redundancy.

The Tribunal held that the complaint under section 189 was well founded. It found that the respondent had failed to comply with section 188 and had not shown special circumstances making compliance not reasonably practicable. Having regard to the seriousness of the default and the guidance in GMB v Susie Radin Ltd, the Tribunal awarded the maximum protected period of 90 days beginning on 30 June 2022.