Claimant v Adarma Limited (In Administration)
Outcome
Individual claims
The respondent dismissed more than 100 employees as redundant within 45 days and failed to ensure that employee representatives were elected in accordance with section 188A TULRCA 1992 and failed to consult with them under section 188. The tribunal found this complaint well founded.
Facts
The respondent company, in administration, made more than 100 employees redundant within 45 days at its Edinburgh establishment, including the claimant who was dismissed on 14 July 2025. The respondent failed to arrange for the election of employee representatives and failed to carry out collective consultation as required by law. No response was filed to the claim and the administrator consented to proceedings continuing.
Decision
The tribunal issued a Rule 22 judgment finding the failure to inform and consult well founded. A protective award of 90 days remuneration was made in favour of the claimant, beginning from the date of dismissal, as the respondent failed to comply with statutory collective consultation requirements.
Practical note
Employers making collective redundancies must comply with statutory consultation requirements even when in administration, and failure to elect employee representatives and consult will result in a protective award of up to 90 days pay.
Legal authorities cited
Statutes
Case details
- Case number
- 8001844/2025
- Decision date
- 10 November 2025
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- technology
- Represented
- No
Claimant representation
- Represented
- No