Faine Spracklen v Testerworld Limited — 2023

The Tribunal gave judgment under Rule 21 because the respondent had not presented a response and the Employment Judge decided the complaint could be determined on the available material. The claimant complained under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 that the respondent failed to comply with section 188 consultation requirements in respect of the claimant's dismissal.

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 Rokeby Court, Runcorn depot, and that the claimant was an affected employee dismissed as redundant on that date. It found there was no recognised independent trade union for the relevant employee description, no existing authorised employee representatives, and no representatives elected for section 188 purposes because the respondent did not invite affected employees to elect them.

The Tribunal found the section 189 complaint well founded. It found the respondent had not shown special circumstances making compliance with section 188 not reasonably practicable, and that there had been no consultation at all and no mitigating circumstances. It made a protective award for the maximum protected period of 90 days beginning on 9 May 2022, equivalent to remuneration for that period, with recoupment regulations applying.