Claimant v Adarma Limited (In Administration)
Outcome
Individual claims
The respondent dismissed as redundant 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 TULRCA 1992 and failed to consult with them in accordance with section 188 TULRCA 1992. The tribunal found the complaint well founded.
Facts
The claimant was dismissed as redundant on 14 July 2025 as part of a collective redundancy affecting more than 100 employees at the respondent's Edinburgh establishment within a 45-day period. The respondent, which was in administration, failed to ensure that employee representatives were elected and failed to conduct collective consultation as required by statute. No response was filed to the claim and the administrator consented to the proceedings continuing.
Decision
The tribunal found the complaint well founded under Rule 22 on the available material without a hearing. The respondent had failed to comply with statutory obligations to elect employee representatives and consult them before making collective redundancies. The tribunal made a protective award of 90 days beginning from the date of dismissal.
Practical note
Even where a company is in administration, failure to conduct proper collective consultation for redundancies affecting 100+ employees will result in a maximum 90-day protective award being made on a Rule 21/22 judgment.
Legal authorities cited
Statutes
Case details
- Case number
- 8001901/2025
- Decision date
- 10 November 2025
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- technology
- Represented
- No
Claimant representation
- Represented
- No