Mr P Bowman v Testerworld Limited — 2023

The tribunal gave a Rule 21 judgment because the respondent had not presented a response and the respondent company's administrators had consented to the claim continuing. 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 within 90 days or less at the Waterglade Industrial Estate, West Thurrock depot, and that the claimant was an affected employee who was dismissed as redundant on that date.

The tribunal found that the respondent was required under section 188 TULRCA 1992 to consult appropriate representatives and provide the required written information. It found that there was no recognised independent trade union for the relevant employees, no existing employee representatives with authority to be consulted, no section 188 representatives elected, and that the respondent did not invite affected employees to elect such representatives.

The tribunal held that the respondent failed to comply with section 188 in respect of the claimant's dismissal, had not shown special circumstances making compliance not reasonably practicable, and that the claim was presented in time. Having regard to the seriousness of the default and GMB v Susie Radin Ltd, the tribunal made a protective award for the maximum protected period of 90 days beginning on 9 May 2022, equivalent to remuneration for that period.