Claimant v Adarma Limited (In Administration)
Outcome
Individual claims
The respondent dismissed more than 100 employees as redundant within 45 days but failed to ensure employee representatives were elected in accordance with section 188A TULRCA 1992 and failed to consult with them in accordance with section 188. The tribunal found this failure well founded and made a protective award for the maximum 90 days.
Facts
The respondent company, in administration, made more than 100 employees redundant within a 45-day period at its Edinburgh establishment. The claimant was dismissed as redundant on 14 July 2025. The respondent failed to ensure employee representatives were properly elected and failed to conduct the required collective consultation. No response was filed to the claim, and the administrator consented to proceedings continuing.
Decision
The tribunal issued a Rule 22 judgment on the papers finding the failure to inform and consult well founded. The tribunal made a protective award for the maximum period of 90 days commencing from the date of the claimant's redundancy dismissal, ordering the respondent to pay remuneration for that protected period.
Practical note
When 100+ redundancies occur within 45 days, employers must ensure proper election of employee representatives and conduct meaningful consultation, or face the maximum 90-day protective award per affected employee.
Legal authorities cited
Statutes
Case details
- Case number
- 4103108/2025
- Decision date
- 10 November 2025
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- technology
- Represented
- No
Claimant representation
- Represented
- No