Ryan Coe v Testerworld Limited — 2023

The Tribunal gave judgment under Rule 21 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 Shortwood Business Park, Barnsley depot/site, and that the claimant was one of the affected employees and was dismissed as redundant on 24 June 2022.

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

The complaint under section 189 was found well founded. The Tribunal found the respondent had not shown special circumstances making compliance not reasonably practicable, and the claim was presented in time. Having regard to the seriousness of the default and GMB v Susie Radin Ltd, the Tribunal found there had been no consultation at all and no mitigating circumstances, and made the maximum protective award of 90 days from 24 June 2022.