Miss C Hedworth v Testerworld Limited — 2023

The Tribunal gave judgment under Rule 21 after the respondent did not present a response, and the respondent company's 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 within 90 days or less at the Low Prudhoe Industrial Estate site, and that the claimant was an affected employee who was dismissed as redundant on that date.

The Tribunal found that the respondent was required to consult appropriate representatives and disclose the information required by section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992. It found there was no recognised independent trade union for the relevant employees, no existing representatives with authority to be consulted, and no representatives elected for section 188 purposes because the respondent did not invite affected employees to elect them.

The Tribunal found the section 189 complaint well founded. It also found that the respondent had not shown special circumstances making compliance not reasonably practicable, that there had been no consultation at all, and that there were no mitigating circumstances. It made a protective award for the maximum protected period of 90 days beginning on 9 May 2022, with recoupment regulations applying.