Andrew Shaw v Testerworld Limited — 2023

The Tribunal gave a Rule 21 judgment because the respondent had not presented a response and the administrators had consented to the claims continuing. It found that the respondent was proposing, as at 9 May 2022, to dismiss as redundant 20 or more employees assigned to its Trafford Park depot within 90 days or less, and that the claimant was one of the affected employees, dismissed as redundant on 5 August 2022.

The Tribunal found that there was no recognised independent trade union for the claimant's description of employee, no existing employee representatives authorised to be consulted, and no elected representatives for section 188 purposes. The respondent did not invite the affected employees to elect representatives and failed to comply with section 188 consultation requirements. It had not shown special circumstances making compliance not reasonably practicable.

The section 189 complaint was well founded. 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 5 August 2022.