Mr W Steptoe v Testerworld Limited — 2023

The Tribunal gave judgment under Rule 21 because the respondent had not presented a response and the company administrators had consented to the claim continuing. On the available material, 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 its Trafford Park depot, and that the claimant was an affected employee who was dismissed as redundant on 15 May 2022.

The Tribunal found that the respondent was required to consult appropriate representatives and provide the information required by section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992. There was no recognised independent trade union for the claimant's employee description, no existing employee representatives with authority to be consulted, and no representatives elected for section 188 purposes; the respondent did not invite affected employees to elect such representatives.

The Tribunal held that the respondent failed to comply with section 188, had not shown special circumstances making compliance not reasonably practicable, and that the complaint was presented in time. 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 a protective award for the maximum protected period of 90 days beginning on 15 May 2022.