Mrs J Foggon v Testerworld Limited — 2023

The Tribunal gave a Rule 21 judgment because the respondent had not presented a response and the judge decided the complaint could be determined on the available material. The administrators had given consent for the claim to continue.

The Tribunal 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 Low Prudhoe Industrial Estate site, and that the claimant was an affected employee dismissed as redundant on that date. It found there was no recognised independent trade union for the relevant employees, no existing employee representatives with authority to be consulted, and no representatives elected for section 188 purposes because the respondent did not invite an election.

The Tribunal held that the respondent failed to comply with section 188 consultation requirements and had not shown special circumstances making compliance not reasonably practicable. Having regard to the seriousness of the default and GMB v Susie Radin Ltd, it found there had been no consultation and no mitigating circumstances, and made a protective award for the maximum protected period of 90 days beginning on 9 May 2022.