Case 2500758/2022 · Employment Tribunal
Mrs J Craig v Testerworld Limited — 2023
- Case reference
- 2500758/2022
- Decision date
- 3 August 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Aspden Date
Parties
2 namedClaimant
Mrs J Craig
Respondent
Key findings
Tribunal's reasoningThe tribunal entered a Rule 21 judgment after the respondent did not present a response and the administrators gave consent for the claim to continue. It found that, as at 9 May 2022, the respondent was proposing to dismiss as redundant 20 or more employees within 90 days at the Low Prudhoe Industrial Estate site, and that the claimant was an affected employee dismissed as redundant on that date.
The tribunal found that the respondent was required to consult appropriate representatives and provide the statutory written information under section 188 TULRCA 1992. There was no recognised independent trade union, no existing employee representatives with authority to be consulted, and no representatives elected for section 188 purposes; the respondent had not invited affected employees to elect such representatives.
The complaint under section 189 was found well founded. The respondent had not shown special circumstances making compliance not reasonably practicable, the claim was presented in time, and the tribunal found there had been no consultation at all and no mitigating circumstances. It made a protective award for the maximum protected period of 90 days beginning on 9 May 2022.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Trade union | The judgment upheld a complaint under section 189 TULRCA 1992 that the respondent failed to comply with section 188 collective consultation requirements and made a protective award equivalent to 90 days' remuneration, but did not state a monetary amount. | Upheld | — | — |
Legal tests applied
3 references- section 188 Trade Union and Labour Relations (Consolidation) Act 1992
- section 189 Trade Union and Labour Relations (Consolidation) Act 1992
- GMB v Susie Radin Ltd [2004] EWCA Civ 180
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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