Claimant v Adarma Limited (In Administration)
Outcome
Individual claims
The respondent dismissed more than 100 employees at one establishment within 45 days as redundant. 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. The tribunal found the complaint well founded as no response was presented and the claimant was entitled to bring the claim as an employee dismissed as redundant.
Facts
The respondent, a company in administration, dismissed more than 100 employees as redundant at one establishment within a 45 day period. The claimant was dismissed as redundant on 14 July 2025. The respondent failed to ensure that employee representatives were elected and failed to conduct collective consultation as required by statute. No response was presented to the claim and the administrator consented to the continuation of proceedings.
Decision
The tribunal found the complaint well founded under Rule 22 as no response was presented. The respondent breached sections 188 and 188A of TULR(C)A 1992 by failing to elect employee representatives and consult on the collective redundancy. A protective award of 90 days remuneration was made commencing from the date of dismissal.
Practical note
Employers making 100+ redundancies at one establishment must properly elect employee representatives and conduct collective consultation, or face a protective award of up to 90 days pay per affected employee, even in administration.
Legal authorities cited
Statutes
Case details
- Case number
- 8001888/2025
- Decision date
- 20 November 2025
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- technology
- Represented
- No
Claimant representation
- Represented
- No