Claimant v Adarma Limited (In Administration)
Outcome
Individual claims
The respondent dismissed more than 100 employees at one establishment 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 complaint well founded and made a protective award for 90 days.
Facts
The claimant was one of more than 100 employees dismissed as redundant by the respondent on 14 July 2025 from the Edinburgh establishment. The respondent, which was in administration, failed to respond to the claim. The respondent failed to ensure employee representatives were elected and failed to conduct collective consultation as required by TULRCA 1992 sections 188 and 188A before making the redundancies.
Decision
The tribunal issued a Rule 22 judgment on the available material, finding the failure to inform and consult complaint well founded. A protective award of 90 days remuneration was made in favour of the claimant, beginning on the date of dismissal, 14 July 2025.
Practical note
Employers making collective redundancies of 100+ employees must properly elect employee representatives and conduct meaningful consultation, or face protective awards of up to 90 days' pay per affected employee.
Legal authorities cited
Statutes
Case details
- Case number
- 8001845/2025
- Decision date
- 10 November 2025
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- technology
- Represented
- No
Claimant representation
- Represented
- No