David Parry v Testerworld Limited — 2023

The claimant brought a complaint under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 that the respondent failed to comply with section 188 collective consultation requirements in respect of his dismissal. The respondent's administrators consented to the claim continuing, no response was presented, and the tribunal determined the complaint under Rule 21 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 at the Shortwood Business Park, Barnsley site within 90 days or less. The claimant was an affected employee assigned to that site and was dismissed as redundant on 5 August 2022. There was no recognised independent trade union for the relevant employees, no existing employee representatives with authority to be consulted, and no election of representatives for section 188 purposes.

The tribunal held that the respondent failed to comply with section 188, had not shown special circumstances making compliance not reasonably practicable, and that the complaint was 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 from 5 August 2022.