K Duncalf 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 assigned to its Rokeby Court, Runcorn depot within a period of 90 days or less, and that the claimant was one of the affected employees and was dismissed as redundant on 29 July 2022.

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 disclose the required written information. There was no recognised independent trade union for the claimant's description of employee, no existing representatives with authority to be consulted, and no representatives elected for the purposes of section 188; the respondent did not invite affected employees to elect such representatives.

The Tribunal held that the respondent failed to comply with section 188, that no special circumstances had been shown which made 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 29 July 2022.