Claimant v Axis Productions Limited (In Administration)
Outcome
Individual claims
The respondent dismissed more than 20 employees as redundant within a 90-day period but failed to ensure that employee representatives were elected in accordance with s.188A TULRCA 1992 and failed to consult with them in accordance with s.188. This was a default judgment as no response was presented within the applicable time limit.
Facts
Axis Productions Limited dismissed more than 20 employees as redundant from its Glasgow establishment within a 90-day period. The company, which was in administration, failed to ensure that employee representatives were elected and failed to conduct the required consultation process under the Trade Union and Labour Relations (Consolidation) Act 1992. The administrator consented to the proceedings continuing. No response was presented to the claims.
Decision
The tribunal found the complaints of failure to inform and consult well-founded. Under Rule 22, judgment was issued on the available material without a hearing as no response was presented. The tribunal made a protective award of 90 days remuneration for all affected employees, with the protected period beginning 15 July 2024.
Practical note
Employers in administration remain liable for protective awards if they fail to comply with collective consultation requirements when making 20 or more redundancies within 90 days, and administrators must ensure proper procedures are followed even during insolvency proceedings.
Legal authorities cited
Statutes
Case details
- Case number
- 4107359/2024
- Decision date
- 9 May 2025
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- media
- Represented
- No
Claimant representation
- Represented
- No