(1) Ms S Woodward (2) G Hordern (3) S Johnson v Testerworld Limited — 2023

The Tribunal entered a Rule 21 judgment after the respondent did not present a response and the respondent company's administrators consented to the claims continuing. It found each claimant's complaint well founded under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992, on the basis that the respondent failed to comply with section 188 collective consultation requirements in respect of their dismissals.

The Tribunal found that, as at 6 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 and 20 or more employees at the Trafford Park depot. The claimants were affected employees and were dismissed as redundant on 6 May 2022. There was no recognised independent trade union for the relevant employee description, no existing representatives with authority to consult, and no section 188 representatives elected because the respondent did not invite affected employees to elect them.

The Tribunal found the respondent had not shown special circumstances making compliance with section 188 not reasonably practicable, and that the claims 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, and made a protective award for the maximum protected period of 90 days beginning on 6 May 2022.