Claimant v Apex Traffic Management Ltd (In Administration) c/o Begbies Traynor
Outcome
Individual claims
The respondent dismissed more than 20 employees as redundant at one establishment within a 90-day period. The respondent failed to ensure that employee representatives were elected in accordance with s.188A and failed to consult with them in accordance with s.188 of the Trade Union and Labour Relations (Consolidation) Act 1992. There was no recognised trade union for the purposes of collective bargaining.
Facts
Apex Traffic Management Ltd went into administration and dismissed more than 20 employees as redundant from their site at Bothwell Park Industrial Estate, Uddingston, Glasgow on or around 21 August 2025. There was no recognised trade union for collective bargaining purposes. The administrator, Begbies Traynor, granted consent for these collective consultation claims to proceed on 31 October 2025. No response was presented by the respondent within the applicable time limit.
Decision
The tribunal issued judgment under rule 22 on the papers. The complaint that the respondent failed to comply with sections 188 and 188A of TULRCA 1992 was well founded. The respondent failed to ensure employee representatives were elected and failed to consult. A protective award was made for a 90-day protected period beginning 21 August 2025.
Practical note
Even in administration, employers must comply with collective consultation obligations when making 20 or more redundancies, and failure to do so will result in a maximum 90-day protective award for affected employees.
Legal authorities cited
Statutes
Case details
- Case number
- 4103605/2025
- Decision date
- 11 November 2025
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- transport
- Represented
- No
Claimant representation
- Represented
- No