Andrew Sutcliffe v Testerworld Limited — 2023

The tribunal gave judgment under Rule 21 because the respondent had not presented a response and the judge decided the complaint could be determined on the available material. The respondent company's administrators had consented to the claims continuing.

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 Trafford Park depot. The claimant was an employee assigned to that depot and was dismissed as redundant on 13 July 2022. There was no recognised independent trade union, no existing authorised employee representatives, and no representatives elected for section 188 purposes; the respondent had not invited affected employees to elect such representatives.

The tribunal found the respondent failed to comply with the requirements of section 188 in respect of the claimant's dismissal, had not shown special circumstances making compliance not reasonably practicable, and that the claim was presented in time. It held the section 189 complaint well founded and, having regard to the seriousness of the default and GMB v Susie Radin Ltd, made a protective award for the maximum protected period of 90 days beginning on 13 July 2022.