(1) Ewelina Golba (2) Karl Belshaw v Testerworld Limited — 2023

The Tribunal entered a Rule 21 judgment after the respondent did not present a response, and decided the complaints could be determined on the available material. The administrators had consented to the claims 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 Shortwood Business Park, Barnsley depot. The claimants were employees assigned to that depot and were dismissed as redundant on 18 May 2022. There were no recognised trade union representatives, no existing employee representatives authorised to receive information and consultation, and no representatives elected for section 188 purposes; the respondent did not invite affected employees to elect such representatives.

The Tribunal found that the respondent failed to comply with the requirements of section 188 in respect of the claimants' dismissals, had not shown special circumstances making compliance not reasonably practicable, and that the complaints were presented in time. Having regard to the seriousness of the default and 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 beginning on 18 May 2022 for each claimant.