Andrew Carrick v Testerworld Limited — 2023

The claimant brought a complaint under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 alleging that the respondent failed to comply with section 188 consultation requirements in respect of his dismissal. The respondent did not present a response, and 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 its Rokeby Court, Runcorn depot, and that the claimant was an affected employee who was dismissed as redundant on 31 May 2022. It found there were no recognised trade union representatives, no existing employee representatives with authority to be consulted, and 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 and had not shown special circumstances making compliance not reasonably practicable. Having regard to the seriousness of the default and the guidance in GMB v Susie Radin Ltd, it found there had been no consultation and no mitigating circumstances, and made a protective award for the maximum protected period of 90 days beginning on 31 May 2022.