Saiva Lapsina v Testerworld Limited — 2023

The Tribunal entered a Rule 21 judgment because the respondent had not presented a response and the judge considered 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 at the Shortwood Business Park, Barnsley depot/site within 90 days or less. The claimant was an affected employee assigned to that site and was dismissed as redundant on 17 June 2022.

The Tribunal found that the respondent was required to consult appropriate representatives under section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992, but 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 representatives, failed to comply with section 188, and did not show special circumstances. The judge found there had been no consultation at all and no mitigating circumstances, and made the maximum protective award of 90 days' remuneration beginning on 17 June 2022.