Mr A Brannan v Testerworld Limited — 2023

The claimant complained under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 that the respondent failed to comply with section 188 collective consultation requirements in respect of his redundancy dismissal. The respondent was in administration, its administrators consented to the claim continuing, and no response was presented.

The Tribunal found on the available material 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 identified sites or depots. The claimant was an affected employee and was dismissed as redundant on 5 August 2022. The Tribunal found there was no recognised independent trade union for the relevant employees, no existing employee representatives with authority to be consulted, and no section 188 representatives elected because the respondent did not invite affected employees to elect them.

The Tribunal found the respondent failed to comply with section 188 and had not shown special circumstances making compliance not reasonably practicable. Having regard to the seriousness of the default and 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 90-day protected period beginning on 5 August 2022.