Claimant v Adarma Limited (In Administration)
Outcome
Individual claims
The respondent dismissed more than 100 employees at one establishment within 45 days. 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 and made a protective award for the maximum 90-day protected period.
Facts
The respondent, Adarma Limited, entered administration and made more than 100 employees redundant at its Edinburgh establishment within a 45-day period. The claimant was dismissed as redundant on 14 July 2025. The respondent failed to arrange for the election of employee representatives and failed to conduct collective consultation as required by law. No response was presented to the claim, and the administrator consented to the proceedings continuing.
Decision
The tribunal issued a Rule 22 judgment on the papers, finding the complaint well-founded. The respondent had breached sections 188 and 188A of TULR(C)A 1992 by failing to elect employee representatives and consult before implementing collective redundancies. The tribunal made a protective award for the maximum 90-day period beginning from the claimant's dismissal date.
Practical note
Employers conducting collective redundancies affecting 100+ employees must ensure proper election of employee representatives and meaningful consultation, even when in administration, or face maximum protective awards of 90 days' pay per affected employee.
Legal authorities cited
Statutes
Case details
- Case number
- 8002295/2025
- Decision date
- 20 November 2025
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- technology
- Represented
- No
Claimant representation
- Represented
- No