F Carney v Testerworld Limited — 2024

The tribunal gave judgment under Rule 21 because the respondent had not presented a response and the judge considered the complaint could be determined on the available material. The respondent's administrators had consented to the claim continuing.

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, Prudhoe depot/site, and that the claimant was one of the affected employees. The claimant was dismissed as redundant on 17 June 2022.

The tribunal found there was no recognised independent trade union for the claimant's employee description, no existing employee representatives with authority to be consulted, and no representatives elected for section 188 purposes. The respondent had not invited the affected employees to elect such representatives, had failed to comply with section 188, and had not shown special circumstances making compliance not reasonably practicable. The tribunal made a protective award for the maximum protected period of 90 days from 17 June 2022, finding there had been no consultation and no mitigating circumstances.