Galina Zvidre v Testerworld Limited — 2023

The 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 depot/site, and that the claimant was an affected employee who was dismissed as redundant on 30 June 2022. It found there was no recognised independent trade union for the claimant's employee description, no existing employee representatives with authority to be consulted, no elected representatives for section 188 purposes, and no invitation to affected employees to elect such representatives.

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 the guidance in GMB v Susie Radin Ltd, the Tribunal found there had been no consultation at all and no mitigating circumstances, so it made the maximum protective award of 90 days' remuneration beginning on 30 June 2022.