Mrs P Moors v Testerworld Limited — 2024

The Tribunal gave judgment under Rule 21 after the respondent did not present a response and the administrators consented to the claim continuing. On the available material, it 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 Trafford Park depot, and that the claimant was an affected employee who was dismissed as redundant on 29 July 2022.

The Tribunal found that the respondent was required to consult appropriate representatives and disclose the statutory information under section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992. It found there was no recognised independent trade union for the claimant's description of employee, no existing representatives with authority to be consulted, no representatives elected under section 188A, no invitation to elect such representatives, and no individual consultation with the claimant.

The complaint under section 189 was found well founded. The Tribunal found no special circumstances making compliance not reasonably practicable and no mitigating circumstances. Having regard to the seriousness of the default and the guidance in GMB v Susie Radin Ltd, it made a protective award for the maximum protected period of 90 days beginning on 29 July 2022, equivalent to remuneration for that period.