John Anthony Wood v Testerworld Limited — 2023

The tribunal gave a Rule 21 judgment after the respondent did not present a response and the administrators consented to the claims continuing. On the available material, it found that as at 9 May 2022 the respondent was proposing 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 and was dismissed as redundant on 31 May 2022.

The tribunal found that the respondent was required under section 188 TULRCA 1992 to consult appropriate representatives and disclose the required written information. It found there was no recognised independent trade union for the relevant employees, no existing employee representatives with authority to be consulted, no representatives elected for section 188 purposes, and that the respondent did not invite affected employees to elect such representatives.

The tribunal held that the respondent failed to comply with section 188 in respect of the claimant's dismissal, had not shown special circumstances making compliance not reasonably practicable, and that the complaint was presented in time. Having found no consultation at all and no mitigating circumstances, it made the maximum protective award of 90 days' remuneration beginning on 31 May 2022.