(1) Mr S Dixon (2) Mr AS Armstrong v Testerworld Limited — 2023

The Tribunal gave judgment under Rule 21 after the respondent did not present a response and the respondent company's administrators consented to the claims continuing. It 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 Low Prudhoe Industrial Estate site, and that both claimants were affected employees who were dismissed as redundant on that date.

The Tribunal found that the respondent was required to consult appropriate representatives and provide the written information required by section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992. It found that no independent trade union was recognised for the relevant employees, there were no other employee representatives with authority to be consulted, and the respondent did not invite affected employees to elect representatives for the purposes of section 188.

The Tribunal concluded that the respondent failed to comply with section 188, had not shown special circumstances making compliance not reasonably practicable, and that the complaints were presented in time. Having regard to the seriousness of the default and GMB v Susie Radin Ltd, it found there had been no consultation at all and no mitigating circumstances, so ordered the maximum protected period of 90 days beginning on 9 May 2022 for each claimant.