Nicole Egan v Testerworld Limited — 2023

The claimant complained under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 that the respondent failed to comply with section 188 consultation requirements in respect of her dismissal. The respondent's administrators consented to the claim continuing, and the respondent did not present a response. The tribunal determined the complaint 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 the Shortwood Business Park, Barnsley site. The claimant was an affected employee and was dismissed as redundant on 18 May 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 respondent did not invite affected employees to elect such representatives.

The tribunal found that the respondent failed to comply with section 188 and had not shown special circumstances making compliance not reasonably practicable. 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 and no mitigating circumstances, and made the maximum protective award of 90 days' remuneration beginning on 18 May 2022.