Claimant v Adarma Limited (In Administration)
Outcome
Individual claims
The respondent dismissed more than 100 employees as redundant within 45 days at one establishment. The respondent failed to ensure that employee representatives were elected in accordance with section 188A TULR(C)A 1992, and failed to consult with them in accordance with section 188 TULR(C)A 1992. The tribunal found the complaint well founded.
Facts
The respondent company entered administration and dismissed more than 100 employees as redundant at one establishment within 45 days. The claimant was dismissed as redundant on 14 July 2025. The respondent failed to ensure employee representatives were elected and failed to consult with them as required by statute. No response was presented to the claim and the administrator consented to the continuation of proceedings.
Decision
The tribunal issued a Rule 22 judgment on the papers, finding the complaint well founded. The respondent had failed to comply with requirements to elect employee representatives and consult them before collective redundancies. A protective award of 90 days remuneration was ordered for the claimant, beginning from the date of dismissal.
Practical note
Employers must ensure proper election of employee representatives and conduct consultation before implementing collective redundancies of 100 or more employees, even when in administration, or face protective awards of up to 90 days pay per affected employee.
Legal authorities cited
Statutes
Case details
- Case number
- 4102788/2025
- Decision date
- 20 November 2025
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- technology
- Represented
- No
Claimant representation
- Represented
- No