Case 2502656/2023 · Employment Tribunal
Julie Blakemore and others (see schedule) v Testerworld Limited — 2023
- Case reference
- 2502656/2023
- Decision date
- 6 December 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Aspden Date
Parties
2 namedClaimant
Julie Blakemore and others (see schedule)
Respondent
Key findings
Tribunal's reasoningThe Tribunal entered a Rule 21 judgment after the respondent did not present a response and the administrators had consented to the claims continuing. It found that, as at 9 May 2022, the respondent was proposing to dismiss as redundant 20 or more employees within 90 days at the Hainge Park, Tividale, Oldbury depot, and that the claimants were affected employees who were dismissed as redundant on that date.
The Tribunal found that the respondent was required to consult appropriate representatives and disclose the information required by section 188 TULRCA 1992. There was no recognised independent trade union, no existing employee representatives with authority to consult, no section 188A election of representatives, no invitation to elect representatives, and no individual consultation with the claimants about the proposed redundancies.
The Tribunal held that the section 189 complaints were well founded. It found that the respondent had not shown special circumstances making compliance not reasonably practicable and that the claims were presented in time. Having regard to the seriousness of the default and the guidance in GMB v Susie Radin Ltd, it made a protective award for each claimant for the maximum protected period of 90 days beginning on 9 May 2022.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | The claim was a complaint under section 189 TULRCA 1992 for failure to comply with section 188 collective redundancy consultation requirements. The locked taxonomy has no specific protective award category, so this is classified as other rather than redundancy_pay. | Upheld | — | — |
Legal tests applied
3 references- section 188 Trade Union and Labour Relations (Consolidation) Act 1992
- section 189 Trade Union and Labour Relations (Consolidation) Act 1992
- GMB v Susie Radin Ltd [2004] EWCA Civ 180
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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