Steven Barrow v Testerworld Limited — 2023

The Tribunal gave judgment under Rule 21 because the respondent had not presented a response and the judge considered 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 had failed to comply with section 188 in respect of his redundancy 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. The claimant was an affected employee assigned to that depot and was dismissed as redundant on 30 June 2022. There was no recognised independent trade union for the relevant employees, no existing representatives with authority to be consulted, and no representatives elected for section 188 purposes; the respondent had not invited the affected employees to elect such representatives.

The Tribunal found 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, the Tribunal found there had been no consultation at all and no mitigating circumstances, and made the maximum protective award of 90 days' remuneration from 30 June 2022.