D Belshaw and others (see schedule) v Testerworld Limited — 2023

The claimants complained under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 that Testerworld Limited failed to comply with section 188 collective consultation requirements in respect of their dismissals. The respondent's administrators consented to the claims continuing, and the respondent did not present a response. The tribunal decided the claims could be determined on the available material under Rule 21.

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 each of several listed depots or sites. The claimants were employees assigned to those sites or depots and were dismissed as redundant on 9 May 2022. The tribunal found there was no recognised independent trade union for the relevant employees, no existing employee representatives with authority to be consulted, and no elected representatives for section 188 purposes; the respondent had not invited affected employees to elect such representatives.

The tribunal held that the respondent failed to comply with section 188 and had not shown special circumstances making compliance not reasonably practicable. Having regard to the seriousness of the default and the guidance in GMB v Susie Radin Ltd, the tribunal found there had been no consultation at all and no mitigating circumstances, and made the maximum protective award of 90 days' remuneration for each claimant from 9 May 2022.