Mr M Williams v Testerworld Limited — 2023

The Tribunal gave a Rule 21 judgment because the respondent had not presented a response and the respondent company's administrators had consented to the claim continuing. It found the claimant's complaint under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 well founded.

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 the Rokeby Court, Runcorn site within 90 days or less. The claimant was an affected employee at that site and was 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, but there was no recognised independent trade union, no existing authorised employee representatives, no section 188A election, no invitation to elect representatives, and no individual consultation with the claimant. The respondent had not shown special circumstances making compliance not reasonably practicable. Having regard to the seriousness of the default and GMB v Susie Radin Ltd, the Tribunal made a protective award for the maximum 90-day protected period beginning on 29 July 2022.