Mr G Close v Testerworld Limited — 2023

The tribunal gave judgment under Rule 21 because the respondent had not presented a response and the 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 its Trafford Park depot, and that the claimant was one of the affected employees and was dismissed as redundant on 9 May 2022.

The tribunal found that the respondent was required under section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 to consult appropriate representatives and disclose the required written information. There was no recognised independent trade union for the claimant's employee description, no existing employee representatives with authority to be consulted, and no elected representatives for section 188 purposes; the respondent had not invited affected employees to elect such representatives.

The tribunal found 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. The complaint under section 189 was well founded, and the tribunal made a protective award for the maximum protected period of 90 days beginning on 9 May 2022, applying the recoupment regulations.