Case 2501341/2022 · Employment Tribunal
Daniela Musat v Testerworld Limited — 2023
- Case reference
- 2501341/2022
- Decision date
- 18 October 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Aspden Date
Parties
2 namedClaimant
Daniela Musat
Respondent
Key findings
Tribunal's reasoningThe tribunal entered a Rule 21 judgment because the respondent had not presented a response and the judge decided the complaint could be determined on the available material. The respondent company'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 Shortwood Business Park, Barnsley site. The claimant was an affected employee assigned to that site and was dismissed as redundant on 29 July 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 did not invite affected employees to elect representatives, failed to comply with section 188, and had not shown special circumstances. The complaint was well founded and a protective award was made for the maximum protected period of 90 days from 29 July 2022.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | 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 the claimant's redundancy dismissal. The tribunal made a protective award; no monetary amount was specified. | Upheld | — | — |
Legal tests applied
4 references- Rule 21 Employment Tribunals Rules of Procedure 2013
- section 188 Trade Union and Labour Relations (Consolidation) Act 1992
- section 189 Trade Union and Labour Relations (Consolidation) Act 1992
- GMB v Susie Radin Ltd [2004] EWCA Civ 180
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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