Claimant v Adviza Partnership (in administration)
Outcome
Individual claims
The tribunal found that the respondent failed to comply with section 188 of the Trade Union & Labour Relations (Consolidation) Act 1992 regarding collective consultation requirements prior to making redundancies. The respondent did not participate in the proceedings and the claim was determined under Rule 21.
Facts
Sixteen employees of Adviza Partnership were dismissed as redundant on or after 25 September 2024 from the respondent's establishment at Ocean House, Bracknell. The respondent was in administration at the time. The employees brought claims alleging the respondent failed to comply with statutory obligations to inform and consult on collective redundancies under section 188 TULRCA 1992. The respondent did not participate in the proceedings.
Decision
The tribunal found the respondent breached section 188 TULRCA 1992 by failing to inform and consult with employee representatives before making collective redundancies. The tribunal made a protective award of 90 days remuneration beginning 25 September 2024, which is the maximum period available. The Recoupment Regulations apply.
Practical note
Employers must comply with collective consultation obligations even when in administration, and failure to do so will result in a protective award of up to 90 days pay per affected employee.
Legal authorities cited
Statutes
Case details
- Case number
- 3300084/2025
- Decision date
- 1 August 2025
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- professional services
- Represented
- No
Claimant representation
- Represented
- No