Mrs Diane McDonald v Debenhams Retail Limited (in Administration) — 2021

The claimant worked as a Food Service Adviser at the respondent's Stirling store. On 30 May 2020, while furloughed, she was told by telephone conference call that all employees in Debenhams' Food Services Division were being dismissed by reason of redundancy with immediate effect. Her employment ended on 31 May 2020, and the tribunal accepted that at least 25 to 30 restaurant employees at the Stirling store were dismissed on that date.

The tribunal found that there was no recognised independent trade union for the claimant, no employee representatives had been appointed or elected, no steps had been taken to arrange an election of representatives, and there had been no consultation with the claimant or anyone on her behalf before dismissal. It held that sections 188 and 188A of the Trade Union and Labour Relations (Consolidation) Act 1992 were engaged and that the respondent had failed to comply with those obligations.

The tribunal found no special circumstances making compliance not reasonably practicable, noting that administration did not of itself amount to special circumstances. Applying GMB v Susie Radin Ltd, it treated 90 days as the starting point where there had been no consultation and found no relevant mitigating circumstances. It therefore made a protective award of 90 days' pay, with the protected period commencing on 31 May 2020.